2. The defendant does not pay the above fine.

On June 2015, the Defendant obstructed the traffic of ordinary vehicles by installing a steel fence with a height of 2 meters, width of 2 meters, and about 20 meters in length, on the ground that part of a farm road with a width of about 4 meters used for the traffic of the general public in Hanam-gun, Chungcheongnam-gun, Chungcheongnam-gun, for the sake of land owned by himself/herself.

Summary of Evidence

1. Statement made by the police against D;

1. Results of on-site inspection conducted by this court and on-site photographs;

1. Application of Acts and subordinate statutes on a side surface plan and a survey result of a cadastral survey;

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. Determination on the defense counsel and the defendant's assertion under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order

1. The point where the alleged defendant installed a steel fence was to indicate the boundary of the land owned by the defendant, and to exclude interference with his/her property rights.

The complainant temporarily used the farm road of this case on the ground that the truck related to the construction is easy to dnasing, while constructing a house, and on the ground that it is close and convenient after the completion of the construction, the complainant has invaded another's land and continues to use it unlawfully.

Even if the farm road of this case is used for the general public traffic, it is possible to pass the vehicle despite the steel pents installed by the defendant, so it cannot be deemed that the passage of the vehicle has reached a significant degree of difficulty.

2. The purpose of Article 185 of the Criminal Act is to punish all acts of causing damage to or infusing land, etc. or significantly obstructing traffic by causing damage to or infusing land, etc. or other means, and the term “land access” here refers to the land passage widely used for the traffic of the general public.