일반교통방해
The defendant shall be innocent.
1. On March 26, 2018, the Defendant: (a) around 2018, on a road with a width of approximately 2.3 meters in Daejeon Seodong-gu B, the Defendant obstructed the traffic of the above land, which is a place for public traffic of the general public, by installing fences by cutting down the said road into soil and laying down a dry field, thereby blocking the traffic of the above land, which is a place for public traffic by installing fences.
2. Determination
(a) Obstruction of general traffic under Article 185 of the Criminal Act is an offense that protects the traffic safety of the general public, with the purpose of punishing all acts making it impossible or remarkably difficult to pass by interfering with traffic by damaging land, road, etc. or blocking by obstacles;
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).
In full view of the evidence verification records, witness C and D’s respective legal statements, field photographs, cadastral map, etc. of the instant court 2017da7153 (main lawsuit), 2018Gadan9187 (Counterclaim), ① the appraisal of the attached sheet in B was built on a non-packaged road (hereinafter “instant road”) in the portion of “B” connected in sequence 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 18, and 96 square meters in the order of each of the facts indicated in the attached sheet No. 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, and 8. ② The instant road is divided into E, F,