The meaning of "land-way" in relation to general traffic obstruction under Article 185 of the Criminal Act, and whether the above provision violates the Constitution (negative)

Article 185 of the Criminal Act

Supreme Court Decision 2001Do6903 Delivered on April 26, 2002 (Gong2002Sang, 1310) Supreme Court Decision 2002Do330 Delivered on December 6, 2002

Defendant

Defendant

Cheongju District Court Decision 2007No232 Decided August 22, 2007

The appeal is dismissed.

The grounds of appeal are examined.

Article 185 of the Criminal Act is a crime of interference with general traffic under which the legal interest of the safety of traffic in the general public is protected. Here, the term "land passage" refers to the land passage widely used for traffic in and out of the general public, and the ownership relationship of the site, traffic rights relationship, or a large number of persons passing through and hostilely, etc. (see, e.g., Supreme Court Decision 2002Do330, Dec. 6, 2002). It cannot be deemed that Article 185 of the Criminal Act is in violation of the Constitution.

In light of the above legal principles and records, the court below is justified in finding the defendant guilty of the crime of this case since the farming roads of this case fall under the land passage common to the general public, and the defendant's act of obstructing their passage does not go against social rules or constitutes a justifiable act, and there is no error of law such as misconception of facts or misunderstanding of legal principles due to the violation of the rules of evidence, as alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Si-hwan (Presiding Justice)