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(영문) 의정부지방법원 2014.02.05 2013고정1995

일반교통방해

Text

The defendant shall be innocent.

Reasons

1. The Defendant: (a) from around 2007 to March 13, 2013, on the farm roads located in Gyeonggi-si; (b) cultivated crops by fasting and minationing the land; (c) installed five strings (12m in diameter, 1m in height) claiming that he/she is his/her own land; and (d) installed a large number of stones to interfere with traffic on the land for public use.

2. 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 the general public, without limiting it to a specific person.

(2) On April 27, 199, the following circumstances are as follows: (a) the Defendant appears to have passed the instant land from 200 to 2003 to 2003, and the Defendant made the instant land into a dry field and cultivated crops after making it into a dry field around 2004; (b) the Defendant, in consultation with a clan around 2005, made it possible for people to pass by constructing a road that can pass on the lower part of the instant land to the lower part of the instant land; and (c) on March 3, 2012, the Defendant, even if he was to possess the instant land without permission, was filing a civil complaint against the Defendant, thereby ordering the Defendant to restore the instant land to its original state.