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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. The place where the defendant installs strings or installs strings vehicles cannot be considered as “land” as provided by Article 185 of the Criminal Act, and the above acts by the defendant do not constitute “influence of traffic”.
Nevertheless, the judgment of the court below convicting the facts charged of this case is erroneous in misconception of facts.
B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. A. Around October 27, 2018, the summary of the facts charged: (a) around October 27, 2018, the Defendant prevented the passage of the road by installing 13 posts (5 meters high) at intervals of about 3 meters on the road, on the front of the dwelling site of the Defendant, which is a place public in the general public located in the Cheongdo-gun, North Cheongdo-gun; (b) around October 27, 2018, on the ground that the Defendant’s boundary marks and exercise of property rights. Accordingly, the Defendant interfered with traffic on the land offered to the general public; (c) around April 2, 2019, the Defendant: (d) around April 2, 2019 from around 07:50 to 11:03 on the same day, set up the above three-hour road at the entrance of the Defendant’s Cheongdo-gun, a two-lane road located in the north Cheongdo-gun, which entered the two-lane road.
Accordingly, the defendant interfered with the traffic of land provided to the general public.
B. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.
C. 1) The purpose of Article 185 of the relevant legal principles is to punish an act of causing the passage of the general public by damaging or infusing land, etc. or by obstructing traffic by other means (see, e.g., Supreme Court Decision 2003Do4485, Oct. 10, 2003). The purpose of this is to prevent interference with general traffic safety under Article 185 of the Criminal Act is to punish the general public.