Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is the owner of land D, E, or F in the family of Pyeongtaek-gun, as C's consideration.

On March 15, 2016, the Defendant: (a) laid up a stone by using a digging hole on the land near the surrounding land; and (b) laid down the soil to the roads leading to C (the above G and H); and (c) made it impossible for the Defendant to pass the road to the roads leading to C (the above G and H).

Accordingly, the defendant interfered with the traffic of the public.

Summary of Evidence

1. Legal statement of a witness I;

1. Investigation report (on-site investigation and attachment of site photographs);

1. The defendant asserts to the purport that inspection registration certificate, cadastral map, and content certificate [the defendant had a passage other than the current state near the above D land owned by the defendant, and it was not impossible to pass by C due to the construction of the defendant.

However, the crime of interference with general traffic under Article 185 of the Criminal Act is a crime of protecting the traffic safety of the general public and refers to the wide passage of land that is actually common to the general public. It does not lead to the ownership of the site, the relation of the right and the right and the right of passage, or the hostile of the passage, etc. (see Supreme Court Decision 2001Do6903, Apr. 26, 2002, etc.). According to the evidence duly adopted by the court and examined by this court, since the roads leading to the middle part of the D land owned by the defendant are maintained for about 30 years, the person and the vehicle passed along the above roads. However, since the defendant acquired the ownership of the above land in around 2010 and around March 2016, it cannot be accepted that the above assertion by the defendant was impossible to use the above land as a de facto passage while constructing the above land near the above land.

Application of Statutes

1. Article 185 of the Criminal Act applicable to the facts constituting an offense, Article 185 of the Criminal Act selective punishment, and the choice of fines;

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

1. Article 334(1)1 of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”).