The defendant is a person who works in a technical post.

On October 3, 2018, the Defendant obstructed the traffic of the said D, etc. by installing a steel fence with the length of 15 meters, width of 2 meters, height of 1.1m above the road in order to prevent a family member, etc., who is an accusation, who is not good, from passing through a vehicle using the road, on a cement packing road (village; hereinafter referred to as “instant road”) with the length of 15m in front of the house in which his mother (C) is living in the former, North, Jeju-gun, and the width of 3m.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (field investigation);

1. Application of Acts and subordinate statutes to investigation reports (a certified copy of cadastral map and confirmation of land use plan);

1. Article 185 of the Criminal Act and Article 185 of the same Act concerning criminal facts and the choice of fines;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Determination as to the assertion by the defendant and his defense counsel under Article 59(1) of the Criminal Act (the suspension of the sentence against the defendant, taking into account the following factors: (a) the fact that the defendant installed a pents in the course of a dispute between his mother and the accusers; (b) the part where the pents are installed; (c) the fact that the person who mainly uses the road of this case was a family member of the accusers; (d) the complainants and the criminal conciliation was almost established and the conciliation was not accepted by the accusers; (d) the defendant was the primary offender; (e) the defendant’s age and character environment; (e) the circumstances leading to the crime of this case; and (e) the circumstances after the crime, etc.

1. The gist of the allegation does not constitute “land” under Article 185 of the Criminal Act because there is no person other than two family members of the accusers.

2. Determination

(a) Obstruction of general traffic under Article 185 of the Criminal Act is a crime that protects the safety of the general public, and is land.