Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

On July 1, 2016, the Defendant: (a) planted about 1 meter high-speed 3gress of main trees at the center of 4 meters high-speed farmland created between the land of Hamyeong-gun and D land that was south, and obstructed the traffic of land to unspecified people by planting about 1 meter high-speed 3gress to the center.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police for E;

1. A certificate of fact issued by F and G;

1. On-site photographs;

1. A criminal investigation report (a fact-finding report is examined by persons who have stated a fact confirmation);

1. USB (presss) [The Defendant partially reduced the width of the farm road with the consent of village residents around May 28, 2016, and thereafter, the farm road in this case was not a road used by many unspecified people, and the Defendant did not have any intention to obstruct general traffic.

The argument is asserted.

However, according to the above evidence, the farming road in this case was used as public land for the passage of the general public and the passage of vehicles from the past. It is recognized that the Defendant, who returned to the farm road in this case, was seriously planting trees to the center of the farm road, such as criminal facts, for the purpose of obstructing the passage of the E and the passage of others, and that there was an intention to obstruct the traffic by destroying the land and damaging it to the Defendant.

In addition, since the obstruction of general traffic is a crime of protecting the general public's traffic safety, the community residents consented to the defendant's act, as alleged by the defendant.

Even if so, it cannot be a ground for denying illegality, such as the consent of the victim, etc.

1. Article 185 of the Criminal Act applicable to the facts constituting an offense, Article 185 of the Criminal Act selective punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;