Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

Defendant

The land category of D in the Gyeongsan-si is that dry field or the width of 2.3m, and the farm road of 36m in length (hereinafter referred to as the "road in this case") was established from around 1975, and it is a situation where many unspecified people pass through.

On May 2016, the Defendant interfered with traffic by allowing many unspecified residents, light-brupters, and trucks to pass through a fence, entrance, or lock, on the ground that the surrounding cemetery of the instant land was damaged due to the persons passing along the instant road, by installing fences, entrances, and locks.

Summary of Evidence

1. Each legal statement of witness E and F;

1. The defendant and his defense counsel asserted that the current status of the road in this case is a road with public nature, because only E and F passed without permission.

On the other hand, the purpose of the Criminal Act is to punish all acts that make it impossible or considerably difficult to pass through by damaging or infusing land, etc., or interfering with traffic by other means (see, e.g., Supreme Court Decisions 95Do1475, Sept. 15, 1995; 2008Do10560, Jan. 30, 2009). Here, the term “land access” refers to the wide range of the passage of land actually used for the passage of the general public, and thus, the dispute between the Defendant and the user of the village is not likely to occur since it refers to the land’s ownership, passage, or the right and interest of the passage of the general public (see, e.g., Supreme Court Decision 9Do1651, Jul. 27, 199).

Even if the general traffic obstruction is established, it shall not interfere with the formation thereof.

Therefore, the above argument by the defendant and his defense counsel is without merit.