일반교통방해
The defendant shall be innocent.
1. On January 2019, the Defendant: (a) obstructed the traffic of general vehicles by cutting down a yacht course by cutting down the strings, including C’s owner D, on the surface of the land owned by the Defendant, on the surface of the land owned by C; and (b) preventing other people or vehicles from passing through; and (c) obstructed the traffic of general vehicles.
2. Determination
A. Legal doctrine is a crime that protects the general public’s traffic safety, with the aim of punishing all acts that make it impossible or considerably difficult to pass by interfering with traffic by destroying land, road, etc. or blocking by obstacles, etc.
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 in cases where a person using a road is small, it may constitute land stipulated in the above provision, but a road with another road having access to a public road, passing through with a temporary approval from the owner of the land, or merely a place where the owner of the land uses it as a personal person and uses it, does not constitute land stipulated in the above provision (see, e.g., Supreme Court Decision 2016Do12563, Apr. 7, 2017).
The following facts are acknowledged according to the records of recognition.
(1) On November 2004, the Korea Electric Power Corporation established a transmission tower in F forest land E (hereinafter referred to as “E”) with a view to accurately identifying the parcel number and land category of the relevant land as of November 2004 in the present road records, but it appears that the Korea Electric Power Corporation was located in part of the P site, P site, Q site and J site.
Part of G Land shall be the corresponding section from among the current roads (hereinafter referred to as the "road passage of this case") to the transmission tower.