The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles (1) Since the assembly of this case did not directly cause any danger to public safety and order, the Defendant’s act does not constitute a crime of interference with general traffic under the Criminal Act.

(2) The Defendant did not know that it was an unreported assembly due to the mere participant, not the organizer of the instant assembly, and did not have any intention to interfere with traffic.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. (1) Determination of the assertion of mistake of facts and misapprehension of legal principles regarding general traffic obstruction under Article 185 of the Criminal Act is an offense whose legal interest is the general public’s traffic safety, and its purpose is to punish all acts making it impossible or remarkably difficult to pass by causing damage to land, road, etc., or interfering with traffic by other means. The general traffic obstruction is a so-called abstract dangerous offense, which is impossible or considerably difficult to pass by means of traffic, and the result of traffic obstruction should not be practically caused.

(2) In light of the purport of the Assembly and Demonstration Act and the legislative intent of the Assembly and Demonstration Act, in a case where an assembly or demonstration is conducted on the road after completing lawful reports, the traffic of the road would be restricted to any extent. Thus, in a case where the assembly or demonstration is conducted within the reported scope or is conducted differently from the reported contents, barring any special circumstance, it cannot be deemed that the general traffic obstruction under Article 185 of the Criminal Act is established, barring special circumstances. However, in a case where the assembly or demonstration obstructs traffic, barring special circumstances, it cannot be deemed that the general traffic obstruction under Article 185 of the Criminal Act is established, unless there is a significant deviation from the reported scope.