The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

On October 4, 2014, at around 10:00, the Defendant: (a) he he he he he he he he he he he he he he he he he he gets 1.4m wide and 1.5m long, and he he he gets frighter to the land which he gets through the residential area of Gangseo-gu Seoul Metropolitan Government C, and then he he he gets frightered to a chain, thereby hindering the traffic

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A statement, etc.;

1. Application of the Acts and subordinate statutes to the complaint;

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. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the defendant and his defense counsel under Article 59(1) of the Criminal Act (see, e.g., that the defendant is the first offender, and that the defendant does not want the punishment of the defendant by mutual consent with the complainant) of the suspended sentence

1. The place indicated in the facts charged is difficult to be deemed land, and it is private land, so there is no need to protect the parking problem or traffic of ordinary vehicles.

2. The phrase “land” as provided in Article 185 of the Criminal Act refers to the land passage widely used for the traffic of the general public. It refers to the ownership of the site, the relation of the traffic right and the passage of the persons, or the sound of the persons who pass the land (see, e.g., Supreme Court Decision 2007Do717, Dec. 28, 2007). According to the evidence of each judgment, the place indicated in the facts charged has been used as the only passage leading to their contributions by residents, such as the defendant, D, etc., so it should be deemed as being included in the “land” as provided in Article 185 of the Criminal Act.

In addition, even if one defendant is able to walk people in the remaining parts by piling up bricks at the above place, the width of the road available for passage has been narrow so that D vehicles can not pass, and it is considerably difficult to pass by because it obstructs road traffic.