The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged is that the Defendant owns D land in Chungcheongnam-si.

No person shall damage, obstruct, or interfere with traffic by other means, a road, a waterway, or a bridge.

Nevertheless, the Defendant interfered with the traffic by installing fences on July 18, 2013 on the ground that the Defendant exercised his property right on the Chungcheong City D Road.

2. Determination

A. The purpose of the crime of interference with general traffic under Article 185 of the Criminal Act is to punish all acts making it impossible or remarkably difficult to pass by by causing damage to or infusing land, road, etc. or interfering with traffic by other means. The term “land access” refers to a place of public traffic by the general public, namely, a place of public character in which many and unspecified persons, vehicles, and horses are allowed to freely pass by, without limiting to, a specific person.

(See Supreme Court Decision 2009Do13376 Decided February 25, 2010; Supreme Court Decision 99Do401 Decided April 27, 199; Supreme Court Decision 95Do1475 Decided September 15, 1995, etc.) (b).

On July 18, 2013, the defendant also recognized the fact that he installs fences on the land of Chungcheong City D (hereinafter in this case, specifying E’s land as E’).

C. However, comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by this court, the land D as of July 18, 2013, where the Defendant installed a pentice on D land, is the place where the owner of the F land and a specific person using the F land as a passage route. Therefore, it is difficult to view the land as a place of public nature where many and unspecified persons or vehicles and horses are allowed to freely pass, and there is no other evidence to acknowledge this differently.

1) The land directly connected to D is F land and G land, and G land is owned by the Defendant. 2) D land is a public health clinic staff member operated on F land and a public health clinic staff member.