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The prosecutor's appeal is dismissed.
Reasons
1. As long as the conditions for maintaining traffic order (hereinafter “instant conditions”) as stated in the facts charged are delivered in a manner desired by the HEU (hereinafter “H union”) that hosts a demonstration (hereinafter “ Demonstration”) as indicated in the facts charged, a legitimate notification is given to the organizer.
Therefore, the defendant's act of participating in a demonstration conducted by getting out of the two-lanes according to the above conditions and occupying all the four-lanes of the way constitutes a crime of interference with general traffic.
In addition, in full view of the defendant's past power or demonstration and the circumstances that the police warns the defendant at least two lanes, the judgment of the court below which acquitted the defendant, even though the defendant could be found not guilty of the defendant's negligence, is erroneous or misunderstanding the legal principles.
2. No person charged with the instant case shall destroy, interfere with, or otherwise interfere with, traffic by land, waterway, or bridge;
Nevertheless, from C 10:35 to 13:10 on the same day, the Defendant occupied the roadway for about 2 hours and 30 minutes, and obstructed the traffic of the vehicle along the land along which the vehicle passed, by occupying approximately 800 persons, including the members of the G Trade Union, who participated in the GF-C 4th bus demonstration, to the road in front of the D Building (E head office building 100m prior to the 100m width), through the road of Seodaemun Station, front of the National Police Agency, Seoul Station, and the south Young-gu.
3. The judgment of the court below
A. Hnoon was held by the police after filing a report on an outdoor assembly (the progress of the demonstration). This was a legally reported demonstration. The evidence submitted by the prosecution alone is insufficient to recognize that the demonstration was carried out by clearly deviating from the reported scope, and there is no other evidence to acknowledge it otherwise.
On the other hand, the police call with the Director-General of the H union and the H union office.