일반교통방해
The defendant shall be innocent.
1. The summary of the facts charged in the instant case is that the Defendant, as an operator of the Dompium located in Gyeonggi-gun C, had the intent not to use the road via the road, which is an access road to the said pentpium, to use the road via the victim E’s family-owned F, and around May 14:35, 2016, the Defendant installed the steel gate with a width of 4 meters on the access road to the Dopping site located in Gyeonggi-gun C, and installed the iron gate with a height of 1 meter, and corrected it, thereby hindering the passage of the road.
2. The purpose of the Criminal Act is to protect the general public’s traffic safety, and to punish all acts making it impossible or remarkably difficult to pass by interfering with traffic by means of damaging land, road, etc., or blocking by obstacles, etc.
Here, the term "landway" refers to a place provided to the general public for traffic, that is, a place of public nature in which many and unspecified persons or persons are allowed to freely pass through without any specific person.
Even in cases where a person using a road is small, it may constitute the land stipulated in the above provision, but a road that passes through with the temporary use from the owner of the land with the consent of another road allowing access to the road, or is merely a place where the owner of the land implicitly uses another person’s passage while using it individually, does not constitute the land stipulated in the above provision (see, e.g., Supreme Court Decision 2016Do12563, Apr. 7, 2017). In light of the above legal principles, the following circumstances recognized by the records of the instant case, namely, ① the instant steel gate appears to be constructed near the boundary of the Gyeonggi-gun G road (hereinafter “instant G road”), and the river (hereinafter “H river”), and ② the road of this case is owned by the Defendant, and is owned by the Defendant and owned by the Defendant around September 4, 2013.