The meaning of "land access" in general traffic obstruction;

Land in relation to the general traffic obstruction as stipulated in Article 185 of the Criminal Code refers to a road actually being used for the traffic of the general public regardless of who is authorized by the manager or the owner of the site or who is the road or the passageer.

Article 185 of the Criminal Act

Supreme Court Decision 77Do393 delivered on April 14, 1987, Supreme Court Decision 88Do18 delivered on April 25, 1988

Defendant 1 and one other

Defendants

Attorney Yellow-il (for all the defendants):

Chuncheon District Court Decision 88No617 delivered on November 3, 1988

All appeals are dismissed.

Defendant’s defense counsel’s grounds of appeal

In the case of obstruction of general traffic as stipulated in Article 185 of the Criminal Act, land-based combination is to run up to a road for the traffic of the general public regardless of who is the owner of the manager or site or who is the owner of the road or who is the owner of the road or who is the owner of the road. In this purport, it is just that the court below recognized the criminal facts in the judgment of the defendant and recognized it as a crime of obstruction of general traffic as stipulated in Article 185 of the Criminal Act and the crime of obstruction of business as stipulated in Article 314 of the Criminal Act. There is no error of misconception of facts against the rules of evidence or misapprehension of the legal principles of obstruction of business

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Sang-won (Presiding Justice) Lee Jong-won (Presiding Justice)