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

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

Punishment of the crime

At around 16:00 on February 11, 2015, the Defendant obstructed traffic by preventing the passage of the vehicles passing through the roads by setting a 10cm width of 10cm wide on cement packaging road (hereinafter “instant road”) installed on the land located in the land located in the Yyang-gun, Namyang-gun, which is owned by D, on the ground that “villages C, etc. are not in mind with the mind of their private land” (hereinafter “instant road”) and on the ground that “C, etc. is not in a de facto marital relationship.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A criminal investigation report (Attachment of materials to be submitted by a complainant);

1. Each police statement concerning C and F;

1. On-site photographs;

1. Application of statutes in cadastral map;

1. Relevant Articles of the Criminal Act and Article 185 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the road of this case is not a “road passing through the general public,” and thus, it cannot be seen as a “land passage” under Article 185 of the Criminal Act.

(2) The defendant's act shall not be construed as "the act of making it impossible or remarkably difficult to pass".

2. Determination

A. The purpose of interfering with general traffic under Article 185 of the Criminal Act is to punish all acts making it impossible or remarkably difficult to pass through by destroying or infusing land, etc. or interfering with traffic by other means, which are crimes, the legal interest of which is the protection of public traffic safety.

In this context, the term "landway" refers to the land passage that is actually used for the traffic of the general public, and it does not include the ownership relationship of the site, the traffic rights relationship, or the large and timely drinking of traffic users.

In addition, the general traffic obstruction is a so-called "a so-called abstract dangerous crime, and if the traffic is impossible or significantly difficult, it shall be immediately available, and the traffic obstruction shall actually occur.