The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. Summary of the grounds for appeal by the defendant: Error of facts (the defendant left the assembly site immediately after leaving the person's seat, and did not have an intention to interfere with general traffic since he did not participate in the assembly), and unreasonable sentencing; and

2. Determination on the grounds for appeal

A. In light of the legislative intent of Article 6(1) and Article 6(1) of the Assembly and Demonstration Act (hereinafter “the Assembly and Demonstration Act”), in a case where an assembly or demonstration is conducted on the road after completing a lawful report, the road traffic is restricted to a certain degree. Therefore, in a case where the assembly or demonstration was conducted within the reported scope or conducted differently from the reported details, and where the reported scope is not considerably deviating from the reported scope, barring special circumstances, it cannot be deemed that the general traffic obstruction under Article 185 of the Criminal Act is established, barring special circumstances.

However, if the assembly or demonstration significantly deviates from the scope of the original report and thus makes it impossible or considerably difficult to pass through the road, it constitutes a general traffic obstruction.

(2) On the other hand, the part of the participants engaged in an assembly and demonstration that make it impossible or considerably difficult to pass through by significantly deviating from the scope of the initial report, and thereby resulting in the obstruction of traffic by remarkably deviating from the scope of the initial report, and thus, the part of the participants cannot be deemed to constitute a general traffic obstruction as a matter of course. However, in a case where the participant actually engaged in a direct act causing traffic obstruction by taking part in a significant deviation from the reported scope or by taking part in a serious violation of the said report conditions, the part of the participants in the assembly and demonstration constitutes a general traffic obstruction.

(2) According to the evidence duly admitted and examined by the lower court, the Korean Metal Trade Union (hereinafter “Korea Metal Trade Union”) from April 24, 2013 to the Chief of the Seocho-gu Seoul Special Metropolitan City Police Station from April 26, 2013.