사기등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, we examine ex officio as to the obstruction of general traffic among the facts charged in this case.
A. On June 19, 2012, at around 12:35, the Defendant entered the center of the fourth line road of the 4th line of the G police box located in Sungwon-si, Sungwon-si, Sungwon-si, in order to stop the vehicles passing along, prevent the vehicles from passing along, or have the center of the roadway, etc., in order to prevent the vehicles from passing through.
Therefore, the defendant interfered with the traffic that makes it difficult for the defendant to pass the vehicle over five minutes.
B. 1) The purpose of Article 185 of the Criminal Act is to punish all acts that make it impossible or considerably difficult to pass through by destroying or infusing land, etc., or interfering with traffic by other means, as an offense under the legal interest protected by the law of the general public’s traffic safety (see, e.g., Supreme Court Decisions 2008Do10560, Jan. 30, 2009; 95Do1475, Sept. 15, 1995). In full view of the evidence duly adopted and examined by the court below, it is recognized that the defendant entered the central part of the road of this case as stated in the above facts charged, and putting two arms on hand over five minutes, and caused the traffic congestion between the vehicle and the road of this case.
However, the defendant entered the road of this case and has been about five minutes.
As such, it is difficult to view that the act of temporarily blocking or blocking the passage of vehicles while walking or standing alone is an act that makes it impossible or remarkably difficult to pass by interfering with the traffic, the above act of the defendant does not constitute a general traffic obstruction.