일반교통방해
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 grounds for appeal;
A. The judgment of the court below which acquitted the defendant of the crime of interference with general traffic by mistake is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. Although the grounds for appeal submitted by the prosecutor on the grounds of unfair sentencing include only the content of the assertion of mistake of facts, and does not include a specific grounds for appeal concerning the unfair sentencing, the phrase “grounds for appeal and appeal” in the petition of appeal refers to “the court below’s judgment on the grounds of mistake of facts and of unfair sentencing, in light of the criminal administration and degree, are erroneous in the determination of the court below, and thus, can be seen
The punishment sentenced by the court below (a fine of 300,000 won) is too unhued and unfair.
2. Judgment on the assertion of mistake of facts
A. The lower court found the Defendant not guilty on the part concerning the Defendant’s general traffic obstruction of vehicles on the ground that the Defendant’s general traffic obstruction on the ground that the instant land cannot be seen as a place of public nature with which ordinary vehicles can freely pass, as the instant land is a structural frame with a dead side.
B. However, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court’s determination that acquitted the Defendant of the charge of ordinary traffic obstruction against vehicles is unlawful, and the Prosecutor’s assertion of mistake on this point is with merit.
(1) Article 185 of the Criminal Code refers to the land passage through which the passage of the general public is widely used, and the ownership relationship of the site, traffic rights relationship, or multiple and hostile remarks of the traffic users are not prohibited (see, e.g., Supreme Court Decision 94Do2112, Nov. 4, 1994). Also, the obstruction of general traffic is an abstract dangerous crime.