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The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. Of the facts charged in the instant case, the summary of the general traffic obstruction by June 16, 2012 is as follows: (a) the Defendant conspired with other participants by occupying and driving along the lane prior to the viewing airspace in the front of the viewing airspace in Jung-gu, Seoul with other participants participating in an assembly held by the Twit-gu, etc. on June 16, 2012.
2. According to the reasoning of the judgment below, the court below maintained the judgment of the court of first instance which acquitted the above charges on the grounds that it cannot be deemed that the defendant interfered with the traffic of the land and thus makes it impossible or considerably difficult for him to pass through the road.
3. However, the above determination by the court below is difficult to accept for the following reasons.
The purpose of Article 185 of the Criminal Code is to punish all acts which make it impossible or considerably difficult to pass through by causing damage to land, etc., or interference with traffic by other means, as a crime of which the protection of the law is the traffic safety of the general public.
(see, e.g., Supreme Court Decision 2014Do1926, Jul. 10, 2014). Moreover, the crime of interference with general traffic constitutes a so-called abstract dangerous crime, and thus, the traffic is impossible or substantially difficult if a situation occurs, and the result of traffic interference is not practically necessary.
(See Supreme Court Decision 2006Do4662 Decided December 14, 2007, etc.). B.
The following circumstances revealed by the evidence duly adopted by the court of first instance, i.e., the Defendant participating in the “Singing Games” and occupied the right direction of the road next to the lower court, which is separated from the above high-priced vehicle higher than the Seodaemun on June 16, 2012 with other participants around June 16, 2012.