(영문) 서울중앙지방법원 2019.05.24 2018노3808

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(영문) 서울중앙지방법원 2019.05.24 2018노3808

일반교통방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence of the grounds of appeal, since the place where the defendant installed the hacks and steel nets may be recognized as a place where neighboring residents use the hacks and farming, and the neighboring land users use the adjoining land, it constitutes "land" of general traffic obstruction, as it constitutes "land" of general traffic obstruction, and the act of friendly hacks and steel nets interfere with the passage of vehicles as well as the passage of vehicles, it can be sufficiently recognized that the defendant committed the crime of general traffic obstruction.

Nevertheless, the judgment of the court below which acquitted the defendant is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the instant facts charged, along with B and C on May 2, 2017, the Defendant, at the same time, set up a steel-frame with a width of approximately three meters between Seocho-gu Seoul Metropolitan Government D and E, thereby interfering with traffic.

B. On the judgment of the court below, according to the evidence duly adopted and examined by the court below, the court below: ① land connected with the farming road of about three meters wide between Seocho-gu Seoul Metropolitan Government D and E (hereinafter “the farm road of this case”), ② the land owned by the defendant, ② the land owned by the defendant, which is currently owned by G, and H was entrusted with the management of the above D land from around 2006 to H, and ③ the F written judgment of the court below was stated as “E” but is merely a simple clerical error.

Land is originally owned by K in 2016 and currently owned by KJ in 2016, and is equal to the land from K in 1 above F.

The fact that the land management is delegated and the farmer is set up on the ground of the above F FF, and (4) The judgment of the court below is written as “F,” but is merely a simple clerical error.

Land owned by the State shall be the State by the above H.

유사 판례

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