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

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

Punishment of the crime

On June 19, 2017, the Defendant cut off the access road by installing a wooden fence and piling up soil to the exclusive access road to E to which the residents of the above village use, such as Ansan-si D, etc., around June 19, 2017, and thereby blocking the access road by allowing the Defendant to pass off the surface of the land, which is a site public for the passage of the general public, and interfere with traffic.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Protocol of inspection;

1. Statement made by the police for E;

1. On-site photographs, each investigation report [the defendant and his defense counsel] (the access road cut off by the defendant is only a passage through which only E is used and the defendant who is the landowner has given consent for temporary use to E while there are other roads that can contribute to public use. Thus, the above blocking by the defendant does not constitute a crime of interference with general traffic;

The argument is asserted.

However, the following circumstances acknowledged by each of the above evidence, i.e., the access roads cut off by the defendant, i.e., the access roads cut off by the village residents as well as E, ii) the access roads other than the access roads of this case to E are not installed or are established.

In light of the fact that the passage of the land owned by another person is significantly difficult, the act of blocking the access road of the defendant of this case constitutes a crime of interference with general traffic.

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

Application of Statutes

1. Article 185 of the Criminal Act applicable to the facts constituting the crime;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;