If the defendant does not pay the above fine, 50,000 won.

On October 24, 2012, the Defendant interfered with the traffic by blocking the passage of village residents and vehicles, including D, by stockpiling and molding the boundary rocks under the pretext of exercising property rights, on the roads provided for the passage of residents in the residents in the Chungcheongbuk-gun C, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Legal statement of witness D;

1. A protocol of partial police interrogation of the accused;

1. Each police statement of E and F;

1. Application of cadastral map, each photographic statute;

1. Relevant Article of the Criminal Act and Article 185 (Selection of Fine)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendant purchased the instant land and constructed a building as an exercise of property right. The above land is used by villagers for passage without permission, and is surrounding roads other than the above land. The Defendant’s act does not constitute general traffic obstruction.

2. The crime of interference with general traffic under Article 185 of the Criminal Act is an offense, the legal interest of which is the protection of the traffic safety of the general public. Here, the term "land passage" refers to the land passage widely used for the traffic of the general public. It does not go through the ownership relation of the site, the traffic right relation, or the passage of a person who passes through the road (see, e.g., Supreme Court Decision 2006Do8750, Feb. 22, 2007). The evidence revealed in the summary of the above evidence reveals that the land in this case is a place where D and its family members, and G residents freely pass through, and the land in this case constitutes "land passage" as referred to in the general traffic obstruction.

Therefore, the defendant and defense counsel are not accepted.