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(영문) 수원지방법원 평택지원 2014.05.28 2014고정114
일반교통방해
Text

The defendant shall be innocent.

Reasons

1. On August 8, 2013, the Defendant: (a) around 08:00 on the Defendant’s wife in Pyeongtaek-si C, and (b) on the part of the owner of the adjoining road and the owner of the adjoining road to prevent the progress of vehicles for the construction of the land on the grounds that consultation related to the cost for the expansion of the road does not take place; (c) on the end of the above road, he set up a string to the end of the above road; and (d) laid up 15 concrete sprinks on the above road.

Accordingly, the defendant interfered with the traffic of the land by ordinary vehicles.

2. The purpose of the crime of interference with general traffic under Article 185 of the former Criminal Act is to punish all acts of causing damage to or infusing land, etc. or significantly obstructing traffic by other means, which are crimes under the legal interest protected by such legal interest of the general public (see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 1995). The term “land access” refers to a place used for the traffic of the general public, namely, a place of public nature in which many and unspecified persons or vehicles and horses are freely allowed to pass through, without limited to a specific person,

(2) The Defendant’s wife purchased forest land E 2,327 square meters (hereinafter “the instant forest land”) around July 2002 in light of the records duly adopted and examined by this court, and the Defendant’s wife divided the instant forest land into E, E, F, 209 square meters, G, 708 square meters, H, 478 square meters, C, 430 square meters, and 430 square meters in each of the said divided forest land into “forest land” around February 2008, and the instant forest land was divided into “the instant forest land” and “the instant forest land,” E, F, 502 square meters, G, 708 square meters, and C, 430 square meters in each of the said divided forest land into “the instant forest land,” and “the land category of C, 2008 square meters in each of the said divided forest land.”

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