업무방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (the factual error) does not constitute “land” as referred to in general traffic obstruction because the Seoul Special Metropolitan City L site where the Defendant parked a vehicle is a dead-end alley, and is not a road for the traffic of the general public, and does not fall under “land” as referred to in the general traffic obstruction, since the Defendant’s vehicle could have been driven by off or by people, and if necessary, left contact points to allow the vehicle to move, it cannot be deemed that it violated the general public’s traffic safety, and there was no concern that the victim’s Schlage
2. Determination
A. (1) The purpose of Article 185 of the Criminal Act is to punish any act that causes damage to or makes it difficult to pass through by land, etc. or obstructs traffic by other means as a crime involving the protection of the legal interest of the general public’s traffic safety. Here, the term “land access” refers to a place of public passage, that is, a place of public nature where many and unspecified persons or vehicles and horses are allowed to freely pass through through, without limiting a specific person, (see, e.g., Supreme Court Decision 2009Do1376, Feb. 25, 2010). In fact, if a passage through land for the general public transit is practically impossible or difficult to pass through, the land’s ownership relation, traffic right, or traffic safety of the general public, or interference with traffic safety by other means, and the risk of interference with the business of the general public is not likely to occur (see, e.g., Supreme Court Decision 2007Do7380, Oct. 26, 2007). 198.