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The judgment of the court below is reversed, and the case is remanded to the Seoul Western District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. The summary of the facts charged in the instant case is as follows: (a) around 16:19 on June 16, 2012, the Defendant: (b) in collusion with other participants participating in the “exercise of walking” during the event of the “flying-down site in the downtown from June 16 to 17, 2012,” thereby interfering with the traffic of ordinary vehicles by occupying and driving ahead of the way at the right edge of the road under the right edge of the Seodaemun and the right edge of the road.
2. According to the reasoning of the judgment below, the court below reversed the judgment of the court of first instance and acquitted the defendant on the ground that it is not sufficient to recognize that the defendant's act of occupying the road such as the defendant, etc. is an act of temporary interference with the passage of the vehicle, thereby making it impossible or making it considerably difficult to pass through the vehicle, and even if examining the evidence submitted by the prosecutor, it is insufficient to recognize that the defendant interfered with the traffic significantly as long as it interfered with the passage of the vehicle, since it is not sufficient to recognize that the passage of the vehicle was impossible or considerably difficult to pass through the vehicle.
3. However, the above determination by the court below is difficult to accept for the following reasons.
Interference with general traffic under Article 185 of the Criminal Act is a crime of which traffic safety by the general public is protected by the law, and it makes it impossible or considerably difficult to pass through by causing damage to land, etc. or passage through other means.