Defendant

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

Defendant

If A fails to pay each of the above penalties, it shall be 100.

Punishment of the crime

Defendant

A around January 2012, around 2012, around 4m concrete roads in front of the house of the Defendant A, which are located in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, interfered with traffic by getting a fluor, a fluor of a public nature for which an unspecified number of people can freely pass through by using a brush, a fluor of a public nature.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the examination of suspect of the defendant A;

1. Complaints and photographs attached thereto prepared by E;

1. Investigation reports (Attachment of on-site photographs) prepared by the police, and the application of photographic Acts and subordinate statutes accompanying them;

1. Relevant legal provisions concerning criminal facts, defendant A who choose a sentence: Article 185 of the Criminal Act; Selection of a fine;

2. Defendant A to be detained in a workhouse: The portion not guilty under Articles 70(1) and 69(2) of the Criminal Act.

1. The summary of the facts charged is as follows: (a) around December 2012, Defendant B, a village resident, by installing fences on a village road of about one meter in front of the house of Defendant B (hereinafter “road of this case”) located in the F of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do; (b) thereby obstructing the traffic of the road of this case, which is a road of public nature with a view to free traffic of farmers or vehicles.

2. Determination

A. The purpose of interference with general traffic under Article 185 of the Criminal Act is to punish all acts that cause damage to or influence of land, etc., or interfere with traffic by other means, and thus make it impossible or considerably difficult to pass through by means of causing damage to or influence to the public (see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 1995). The term “land” refers to a place of public nature where the passage of the general public is used for the traffic of the general public, i.e., a place of public nature where many and unspecified persons or horses are allowed to freely pass through, without limited to a specific person (see, e.g., Supreme Court Decision 9Do401, Apr. 27, 199). Accordingly, the road of this case is free to pass by many and unspecified persons.