The defendant shall be innocent.

1. In the facts charged, the Defendant is the owner of the land in the wife population D, and the victim E is the owner of F, G, and H land in the wife population in the city of tolerance-si.

On July 23, 2017, the Defendant interfered with traffic by installing a gate on a road where the victim passes the general public due to defects in the construction of electric power supply housing in the vicinity of his/her own land, and thereby making it impossible for the Defendant to use the above road for the traffic of the general public.

2. Determination

(a) Interference with general traffic safety under Article 185 of the Criminal Act is an offense that protects the traffic safety of the general public, with the aim of punishing all acts making traffic impossible or remarkably difficult by interfering with traffic by destroying land, road, etc. or blocking by obstacles;

Here, the term "landway" refers to a place provided to the general public for traffic, that is, a place of public nature in which many and unspecified persons or persons are allowed to freely pass through without any specific person.

Even in cases where a person using a road is small, it may constitute land stipulated in the foregoing provision, but a road that passes through with the temporary permission of the owner of the land with another road allowing access to the public road, or is merely an implied place for another person’s passage while the owner of the land personally uses it, does not constitute land stipulated in the above provision (Supreme Court Decision 2016Do12563 Decided April 7, 2017). (b) We examine whether the place where the Defendant installed a pen constitutes “land” as provided by the crime of interference with general traffic.

Witness

In full view of the E’s partial legal statement, witness I’s legal statement, witness I’s surrounding photo, CD images, and evidence Nos. 1 to 4 and 6 of the Defendant’s submission (including numbers), the following facts are recognized:

1) The land owned by the Defendant (hereinafter “Defendant-owned land”) is adjacent to the road where the village passes.