Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On July 22, 2016, the Defendant: (a) opened posts and fences on the roads on which the Haban-gun C site was located in the Haban-gun, one’s own land, and obstructed traffic by preventing the passage of unspecified people or ordinary vehicles from being a major of the public nature in which they can freely pass through, without having to limit them to a specific person as a place for public traffic.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G;

1. Application of statutes on field photographs;

1. Relevant Article of the Criminal Act and Article 185 of the Criminal Act concerning the crime;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. At the time of the Defendant’s purchase of the land indicated on the facts constituting the crime (hereinafter “instant land”) more than four years, the Defendant was used as a road only for the part other than the dead part, and the width of the road has been wide used for the Defendant’s agricultural life.

In that case, E et al. has cut the land of the defendant while using the expanded road by vehicle, and except for the existing meritorious services, the expanded part of the defendant was prevented.

Therefore, the defendant's act does not constitute a crime of interference with general traffic because the part prohibiting the defendant is not a contribution.

2. Determination

A. The purpose of interference with general traffic under Article 185 of the Criminal Act is to punish all acts that make it impossible or considerably difficult to pass by causing damage to or influence of land, etc. or interference with traffic by other means (see, e.g., Supreme Court Decisions 95Do1475, Sept. 15, 1995; 2008Do10560, Jan. 30, 2009). Here, the term “land access” in this context is practically a public passage.