Defendant shall be punished by a fine of KRW 700,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The defendant and the victim C(59 years of age) are adjoining each other.

On June 22, 2013, the Defendant: (a) he stored plastic water tanks, rubber pipes, fertilizer spons, etc. in front of the Defendant’s container immediately adjacent to cement packaging of 5.7m wide, which leads to the victim’s house located D at the time of Gongju-si; and (b) obstructed the traffic of vehicles, etc. on land through which vehicles pass.

Summary of Evidence

1. Each legal statement of witness C and E;

1. Partial statement of the police interrogation protocol of the accused;

1. Fact-finding certificates;

1. On-site photographs of the complainants submitted;

1. Notification of removal of any State property, illegal possession, and illegal facilities;

1. Application of Acts and subordinate statutes to investigation reports (Internet guidance attachment), investigation reports (attached to data submitted by a suspect);

1. Article 185 of the Criminal Act applicable to the crimes;

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

1. The Defendant asserts that the Defendant’s assertion regarding the provisional payment order under Article 334(1) of the Criminal Procedure Act does not obstruct the general traffic by keeping containers, water, etc. in D forest land at the time of his/her official state.

However, the crime of interference with general traffic under Article 185 of the Criminal Act is a crime that protects the safety of traffic in the general public. Here, the term "land passage" refers to the wide passage of land actually used for the traffic in the general public, and the ownership relation of the site, traffic rights relation, or a large number of persons passing through the road and the fit, etc. are not prohibited (see, e.g., Supreme Court Decision 2006Do8750, Feb. 22, 2007). According to the evidence of the judgment, the defendant's use of the land owned by the victim, rubber box, fertilizer pole, etc. in front of a container and the passage of a fertilizer by using a vehicle in the house owned by E, which constitutes "land passage" under Article 185 of the Criminal Act, so long as it causes inconvenience to the passage of people and makes it virtually difficult to pass through the vehicle by stockpiling plastic water, rubber box, fertilizer boom, etc. in front of the defendant's container.