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(영문) 서울중앙지방법원 2014.09.30 2014고단4459

일반교통방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On June 24, 2013, the Defendant: (a) was aware of the fact that part of the current road of three meters in width in Ischeon-si, Leecheon-si, was included in his own land and installed a fence at least two meters in order to prevent D, etc., the owner of neighboring land from passing through the said current road; and (b) installed a fence at least ten meters in length.

Accordingly, the defendant interfered with the traffic of the above roads provided to unspecified or many unspecified persons.

Summary of Evidence

1. Each legal statement of witness D, E, and F;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Each police statement made to D or F;

1. According to the above evidence, the land registration map, current status photograph, aerial photography, copy of the real estate register, and photograph (1) interference with general traffic under Article 185 of the Criminal Act is a crime in which the legal interest of traffic safety in the general public is protected, and the "land passage" refers to a wide range of the land passage used for the passage of the general public, and the ownership relation, traffic right relation, or a large number of traffic users and snow, etc. (see, e.g., Supreme Court Decision 2001Do6903, Apr. 26, 2002). (2) According to the above evidence, the road of this case leads to the passage of J, Ky field, Ky field, and the owner of the land before the defendant purchased the land C, J, K dry field to cultivate them, and the owner of the above dry field and the person entrusted with cultivating them from them for the purpose of cultivating them as the E-K's family members or their families.

Even if it is actually common use in the traffic of the general public, the traffic route is provided by the interference of general traffic without relation to the traffic of the traffic manager.

Application of Statutes

1. The corresponding provisions of the Criminal Act concerning criminal facts; and