This article tries to provide several factors of judging violence or threat under Art. 304 of the Criminal Code. For a long time, it is criticized that objective test of this code is ambiguous and lacks of clarity. It is difficult to resolve this problem, but it is helpful if criminal court could provided a interpretation method for Art. 304. This study starts from a criminal case (occurred during the public demonstration which is considered as a penal offence) and suggests several factors of judging violence or threat conducts.