The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles are cited as grounds for appeal. misunderstanding of legal principles is based on the court below’s finding of facts in violation of the rules of evidence, and as a whole, the court below’s finding of facts against the rules of evidence can be said to be erroneous.

The facts are examined together with the misunderstanding of legal principles.

1) At the time of the Defendant’s arrival at the site of the “National Assembly of March 1” (hereinafter “instant Assembly”), the demonstration team and the police had a significant impact on the part of the Defendant, but there was no intention to interfere with general traffic. However, at the scene of the demonstration team and the police’s collision, the Defendant had engaged in activities to restrain the collision between the police, and there was no intention to interfere with general traffic.

2) The failure to comply with the dispersion order is difficult to take place on the spot by means of a vialop, ample, ample, and sound at the time of the failure to comply with the dispersion order.

B. The punishment of the lower court is too heavy.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, in light of the legislative intent of the Assembly and Demonstration Act, in a case where a legitimate report is completed and an assembly or demonstration is conducted on the road, the traffic of the road will be restricted to a certain extent. As such, in a case where the assembly or demonstration was conducted within the reported scope or where the reported scope was conducted differently from the reported details, thereby causing interference with traffic on the road.

Even if there are no special circumstances, it cannot be deemed that a crime of interference with general traffic under Article 185 of the Criminal Act is established.

However, in cases where the assembly or demonstration significantly deviates from the scope of the original report or interferes with road traffic by seriously violating the conditions under Article 12 of the Assembly and Demonstration Act, and thus making it impossible or considerably difficult to pass through by interfering with road traffic, it constitutes a crime of interference with general traffic (see, e.g., Supreme Court Decision 2006Do755, Nov. 13, 2008): Provided, That the initial report is made.