일반교통방해
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.
2. Before determining the grounds for appeal by the Defendant’s ex officio, we examine ex officio whether the road at issue constitutes the land subject to protection of general traffic obstruction.
A. The summary of the facts charged in the instant case is as follows: (a) the Defendant: (a) on the road at approximately 4 meters wide from the f.5m width of the F.5m width of the part between the f.5m city of Gangnam-si and the E, which the 16 residents, other than C, used as the passage along the passage of the road; (b) on April 25, 2014, he/she installed a steel net on the one-way road around May 15, 201; and (c) installed a steel net at around 15:00, at around 26.5m in length at the place where the said steel network is installed; and (d) obstructed traffic by installing a steel fence at a height of at least 1m, which is at least 16m in height, other than C, residents 16, etc. who intend to pass the said road.
B. Determination 1) The lower court acknowledged the establishment of a general traffic obstruction on the ground that the traffic obstruction was established on the premise that the traffic obstruction was established if the vehicles which were allowed to pass initially due to narrow width became impossible due to the installation of the Defendant’s steel fences, etc. However, prior to that, there was no particular reason as to whether the instant road is a road of public nature. However, the crime of interference with general traffic under Article 185 of the Criminal Act is an offense under which the traffic safety of the general public is protected by the law, and for which the purpose is to punish all acts of causing damage to or influence of land, etc. or significantly obstructing traffic by other means (see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 195); “land” refers to a place where the traffic of the general public is commonly used, namely, a large number of persons, or an unspecified person, vehicle or horse.