일반교통방해
The accused shall publicly announce the summary of the judgment of innocence against the accused.
1. On November 24, 2012, the Defendant: (a) around November 24, 2012, 2011:00, on the facts charged, set up a wooden sign on the road, stating “in the event of a crime, during screening of unlawful field pictures” in order to prevent many unspecified people passing around the surrounding land at the front of Gwangju City from harming the traffic of large residents, such as freight vehicles operated in the surrounding areas.
On December 21, 2012, the Defendant: (a) around 10:20 on the roads owned by the Defendant, other than the Defendant, in the Gyeonggi-si, Gwangju-si; (b) around 4 meters in length on both sides of the roads; and (c) around 30cm in width, the Defendant interfered with the traffic of large-scale residents, such as oil-transport vehicles that regularly pass through the places.
2. Determination
A. The purpose of the crime of interference with general traffic under Article 185 of the Criminal Act is to punish all acts making it impossible or remarkably difficult to pass by by causing damage to or infusing land, etc. or interfering with traffic by other means (see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 1995). The term “land access” refers to a place public for traffic by the general public, i.e., a place with public character in which many and unspecified persons or vehicles and horses are allowed to freely pass by, without limiting to, a specific person.
(See Supreme Court Decision 9Do401 delivered on April 27, 1999, etc.). B.
Based on the evidence examined by the court, comprehensively taking account of the following: (a) the utilization status of land; (b) the details of the dispute; (c) the location of a wooden signboard and a stop; and (d) the time close between the banking work and the Defendant’s act; and (c) the evidence submitted by the prosecutor alone is not sufficient to deem the land on which the Defendant installed a wooden signboard or a stop
(1) Gwangju City C Cemetery.