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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On May 15, 2012, from around 16:00 to around 23, 2012, the Defendant lost the land transfer lawsuit with D and obstructed the flow of vehicles by allowing the vehicle to pass through the way of cutting down posts on the end of each side of the road and connecting the rubber strings, on the ground that the Defendant lost the land transfer lawsuit with D.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of E;

1. Investigation report (the date and time specified for committing the crime);

1. The Defendant asserts that the determination of the Defendant’s assertion of photographic and general traffic obstruction scene photographs is that since the Defendant’s land owned by the Defendant and the roads that D is used to be the place where D is not used as a road, it does not constitute a general traffic obstruction.

The crime of interference with general traffic under Article 185 of the Criminal Act is an offense, the legal interest of which is the protection of the traffic safety of the general public. Here, the term "land passage" refers to the wide passage of land used for the traffic of the general public. It does not lead to ownership relation of the site, traffic rights relation, or heavy and redness of traffic users (see, e.g., Supreme Court Decision 2006Do8750, Feb. 22, 2007). Each of the above evidence is examined in light of the above legal principles as seen above. It is not clear whether the location of the defendant's land is the land owned by the defendant and the road used by D, as the defendant asserts, even if the facts are recognized, the road prevents the defendant is the land passage of the general public, which is actually being used for the traffic of the general public. Thus, it does not affect the establishment of the obstruction of general traffic.

Therefore, the defendant's above assertion is not accepted.

Application of Statutes

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;