From around 16:00 on September 1, 2018 to around 17:00, the Defendant: (a) packaged concrete on the ground of approximately 357 square meters (120 square meters) of the total area owned by the Defendant of Ulsan-gun, Ulsan-gun, the Defendant: (b) stored land on which C and his family members have passed for about 50 years, thereby destroying concrete sealed by destroying concrete sealed by using construction equipment, such as scrails, etc.; and (c) obstructed ordinary traffic by blocking vehicles from passing.

2. Defendant’s assertion and judgment

A. The gist of the Defendant’s change is that the land B in Ulsan-gun (hereinafter “instant land”) where the Defendant shouldered concrete is offered for the traffic of the general public and does not constitute “land access.” Thus, the Defendant’s act does not constitute the elements of the crime of interference with general traffic.

B. Determination 1) The purpose of Article 185 of the Criminal Act is to punish an offense that protects the general public’s traffic safety, and thereby makes it impossible or considerably difficult to pass through by interfering with traffic by means of destroying land, etc. or blocking by obstacles. Here, “land” refers to a place provided by the general public for traffic, i.e., a place of public nature in which many and unspecified persons or vehicles and horses are able to freely pass through without any specific person (see, e.g., Supreme Court Decision 2016Do12563, Apr. 7, 2017). 2) In light of the following circumstances that the court duly adopted and investigated, in view of the following circumstances, it cannot be deemed that the instant land is a place of public character where many and unspecified persons or vehicles and horses freely pass through.

① The instant land is not less than 1,719 square meters (in contact with the west of the instant land) owned and possessed by the complainant’s family members, and not more than 595 square meters prior to E.