Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a person who owns B in a regular Eup.

On May 2019, the Defendant used the above land as a road by C community residents, but installed a 4m in length, 2.5m in width, 26m in height, and 26m in height, and installed a dog (86cm in length, 96cm in length, 1m80cm in roof) to prevent village residents from passing through the road.

Accordingly, the defendant interfered with traffic by blocking the passage through the land.

Summary of Evidence

1. Each written statement and each copy of the police's protocol of interrogation of the accused against the police's partial statement of the accused;

1. Investigation report (related to attachment, such as field photographs);

1. A report on investigation (related to submission of land cadastre);

1. The Defendant asserts to the effect that the judgment of the Defendant on the investigation report (related to general traffic obstruction scene photographs) is that the land B is the land owned by the principal and that the facts charged cannot be acknowledged as having been reported solely on the principal

The purpose of Article 185 of the Criminal Act is to punish all acts which make it impossible or considerably difficult to pass through by causing damage to or infusing land, etc., or interfering with traffic by other means, as an offense, under the legal interest and protection of the law of the public traffic safety.

(see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 1995). The term “land” refers to a place of public access to the general public, i.e., a place of public character where many and unspecified persons or motor vehicles and horses are able to freely pass through, without limiting to a specific person, and a place of public character where such persons or motor vehicles and horses are able to pass through, the ownership relation of the site, the traffic right relation,

(see, e.g., Supreme Court Decisions 88Do18, Apr. 25, 198; 2015Do18422, Sept. 28, 2016). Therefore, even if a part of the land, which was used as a road for many unspecified persons, is an owner of a road, the passage of the vehicle may be obstructed by keeping the intermediate obstacles on the road.