일반교통방해
The judgment of the court below is reversed.
The defendant shall be innocent.
Summary of Grounds for Appeal
The roads B (hereinafter “the roads in this case”) in Dong Young-si, Dong Young-si, used D and some of the sexual seedlings, and the Korea Electric Power Corporation used neighboring land owners in the form of a lawsuit even before the construction of the roads in this case. Thus, the roads in this case constitute “land”, which is the object of Article 185 of the Criminal Act.
2. An ex officio determination prosecutor filed an application for amendment to a bill of amendment of indictment with the content of the facts charged below [the reasons for the judgment in multiple ways] 1. The summary of the facts charged was stated below, and since the subject of the judgment was changed by this court's permission, the judgment below cannot be maintained as it is.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows after pleading.
【Grounds for the Judgment of the Supreme Court】
1. Around January 2019, the Defendant: (a) obstructed the traffic of the land along which ordinary vehicles pass by by blocking the strings by connecting strings between the strings, including C owner D, so that sexual seedlingss, including C owner D, cannot pass through the vehicle on the road located in Yong-gu, Chungcheongnam-si; and (b) preventing them from passing through the vehicle.
2. Determination
A. The purpose of Article 185 of the Criminal Act is to punish all acts that make it impossible or considerably difficult to pass by interfering with traffic by destroying land, road, etc., or blocking traffic through obstacles, which are crimes protecting the general public’s traffic safety.
The term "landway" refers to a place of public traffic provided to the general public, that is, a place of public nature in which many and unspecified persons, motor vehicles, and horses are able to freely pass.
Even if there is a small number of persons using a road, it may be the land referred to in the above provision, but it is credited.