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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of the legal principles, the defendant is located in the land owned by the defendant's wife, and it seems that there is no particular problem even if the passage of the road of this case is restricted because the road of this case is replaced by the substitute, and the defendant did the act of this case, and even though there was no intention of traffic obstruction, and there was no possibility of traffic obstruction, the court below found the defendant guilty of this part of the facts charged, and there is an error
B. The sentencing of the lower court is too unreasonable.
2. Determination
A. As to the assertion of misapprehension of legal principles, interference with general traffic under Article 185 of the Criminal Act is a crime that legally protects the general traffic safety of the general public, the purpose of which is to punish all acts that make it impossible or considerably difficult to pass by causing damage to land, etc. or interference with traffic by other means. Here, “land” refers to the wide passage of land actually being used for the passage of the general public. It does not include ownership relation of the site, traffic relation, or passage relation, or heavy and redness of traffic users (see, e.g., Supreme Court Decision 2006Do9418, Mar. 15, 2007). The court below duly adopted and examined the evidence, namely, the following circumstances that are recognized by the court below, ① the road of this case is the first place located in P, southdo, and its main place is the passage of the road that is owned by residents on the side of the road to move to and from the sea to the sea, and so long as it is owned by residents as above.
The circumstances, such as the existence of alternative roads, do not affect the establishment of a general traffic obstruction, and ② the Defendant installed a steel pent and banner with approximately four meters wide of the road in this case. According to on-site photographs, the said steel pents, etc. are installed.