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(영문) 대전지방법원서산지원 2020.09.21 2020고정103

일반교통방해

Text

Defendant shall be punished by a fine of one million won.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 24, 2019, the Defendant, on the ground that the passage of vehicles and residents on the land B in Thai-gun, Taean-gun would interfere with the Defendant’s Otopping site business by installing a prefabricated toilet building at that place, allowing the Defendant to walk through the land used for the traffic of the general public.

Summary of Evidence

1. The defendant asserts that there was no interference with traffic by preventing the passage of the road of this case since the road of this case was used without the title only by the complainants with the land owned by the defendant, and the defendant did not obstruct the passage of the road of this case. The general traffic obstruction under Article 185 of the Criminal Act refers to the wide passage of the land used for the passage of the general public in fact as it refers to the passage of the land used for the passage of the general public. The ownership of the land of this case, the right to passage or the right to passage through the road of this case, and the right to passage through the road of this case is not owned by the residents of this case (see, e.g., Supreme Court Decision 2001Do6903, Apr. 26, 2002).