When the defendant does not pay the above fine, 100,000 won.

On October 15, 2016, when the victim C was dissatisfied with the new establishment of a dog in the vicinity of the Defendant’s house, the Defendant installed a string box with a large stone on the roads located in Gyeonggi-gu D, Gyeonggi-do on October 15, 2016, thereby preventing the victim from passing through vehicles for the new construction of a dog in E and E lots, thereby hindering the passage of the land freely passing through the public, and at the same time obstructing the passage of the construction vehicle, thereby hindering the damaged person’s construction work by force.

Summary of Evidence

1. The legal statement of the witness C;

1. Some statements made against the defendant during the police interrogation protocol;

1. Application of photographs and aviation guidance-related Acts and subordinate statutes;

1. Article 185 of the Criminal Act (a point of interference with general traffic) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The gist of the assertion is that the Defendant, as the owner of the road site of this case, installed a hacker pole with a large stone on the road to claim his right. As such, the crime of interference with general traffic or business of this case cannot be established.

2. Determination of the Criminal Act is an offense of interference with general traffic under Article 185 of the Criminal Act, which is a legal interest in protecting the traffic safety of the general public, and “land access” refers to the wide passage of land that is actually used for the traffic of the general public, and does not involve ownership relation, traffic relation, or a large number of traffic-related persons, and redness, etc. (see, e.g., Supreme Court Decision 2001Do6903, Apr. 26, 2002). However, the circumstances recognized by the evidence duly adopted and investigated by the court, namely, ① the Defendant acquired ownership of 3,967 square meters of land D, Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, by selling it in a voluntary auction procedure.