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(영문) 인천지방법원 2018.05.10 2018고정482

일반교통방해

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From around 10:00 on December 4, 2017 to around 17:00, the Defendant obstructed traffic by forcing F, G, H, etc., to put up approximately 3 meters high and approximately 3 meters high at 4 meters high at the entrance and exit of the said development district, and 3 meters wide-distance steel structure near the development district’s development district’s residents, visitors, and vehicles, etc., via land, and obstructing the flow of the above alleyway by making it impossible for the residents, visitors, and vehicles, etc. of the development district.

Summary of Evidence

1. Partial statement of the defendant (the second public trial date);

1. Each statement of I, J and H;

1. Statement made to F or G by the police;

1. The Defendant and his defense counsel asserted to the effect that the instant land on which the Defendant installed the pents of the steel structure is private land and has another road that can have access to the public road, which does not constitute a “land access” and thus does not constitute a “land access,” thereby establishing a general traffic obstruction.

The crime of interference with general traffic under Article 185 of the Criminal Act is a crime of protecting the general traffic safety of the general public. The term "land" refers to a place of public use for the traffic safety of the general public, namely, a place of public character where many and unspecified people or horses can freely pass through without any specific person. As long as land is recognized as such, the ownership of the site, the relation of the right and the right and the right of passage or the passage of the persons who pass through the road, and the enemy, etc. are not prohibited (see Supreme Court Decision 2005Do1697, Aug. 19, 2005). Comprehensively taking account of the evidence submitted by the prosecutor, the land on which the Defendant installed the steel structure pents can be recognized as having been used by the residents of the Nam-gu Incheon Metropolitan City, Incheon Metropolitan City, as a package for an individual's reason, the land in this case constitutes "land of public nature" under Article 185 of the Criminal Act.