일반교통방해
Defendant shall be punished by a fine of KRW 700,000.
If the defendant does not pay the above fine, 50,000 won.
Criminal facts
On August 8, 2011, the Defendant: (a) set up a steel net on the ground that it prevents access to the D’s house, which is in dispute, due to the problem of land boundary on the Macheon-si Road, and loaded things, such as the panel and sti pumps, on the side of the network; and (b) obstructed the traffic of the land through the land used for the traffic of the general public by preventing the entry of those who cultivate the dry field located in the normal direction of D and its roads.
Summary of Evidence
1. The defendant's partial statement in the first protocol of trial;
1. Statement made by witnesses E in the third protocol of the trial;
1. Legal statement of witness F;
1. A protocol of examination of part of the defendant by prosecution;
1. The prosecutor's office and the police's statement concerning D;
1. Investigation reports (on-site and field photographs attached), investigation reports (Submission of all the registered matters by the complainants), certificates of registration, investigation reports (report on F telephone call call at the village head), investigation reports (report on attachment to farm photographs);
1. An overall map of the building and on-site map;
1. Application of Acts and subordinate statutes to each on-site photographs, photographs of dwelling places, photographs of right-hand roads by livestock penss, attached photographs, photographs around farming roads, photographs around residential areas, copies of neighboring dwelling areas, and photographs adjacent to residential areas, which are
1. Article 185 of the Criminal Act and Article 185 of the same Act concerning criminal facts and the choice of fines;
1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Articles 70 and 69 (2) of the Criminal Act for the detention of the workhouses asserts that the road in the part where the defendant installed the steel-conditioning net, etc. (hereinafter "the road of this case") does not constitute the land of the obstruction of general traffic.
On the other hand, 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 general traffic safety of the general public. The term "landway" refers to the wide passage of land that is actually common to the general public through the passage of the general public. It does not prevent the ownership of the site, the traffic right relationship, or the personal and hostileness of the passage, etc. (see, e.g., Supreme Court Decision 9Do1651, Jul. 27, 199). The above evidence is based on the evidence.