On August 23, 2018, from around 21:03 to 19:00 on August 28, 2018, the Defendant interfered with traffic by blocking a road by installing a hacker pole on both sides of a road and connecting a fence and hacks so that vehicles can not pass through, on the grounds that the Defendant’s home does not refuse to attend in the future on a road within three meters in front of the Defendant’s home.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on occurrence;

1. The Defendant asserts that, in light of the overall circumstances of the instant case, etc., the Defendant believed that the instant act was not a crime and there was a justifiable reason to believe that the instant act was not committed, in view of the following: (a) on August 17, 2018, the Supreme Court rendered a decision to remove the road packages and transfer land against the State-owned Armed Forces; and (b) on the grounds that, as the instant road was provided for public use, the Defendant had a duty to remove the road packages and deliver the land finally and conclusive; (c) however, it is difficult to view that there was a justifiable reason to believe that the Defendant’s act of blocking the use of the road of this case constitutes interference with general traffic, and the Defendant’s act was not committed a crime. Accordingly, the Defendant’s assertion is not accepted).

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. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence (hereinafter referred to as “the favorable circumstances for sentencing”) recognizes substitute facts, and if there are errors, expresses the intention of reflect, and completely controls the Defendant’s access to the road of this case.