Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The defendant is the owner of D's land in Mosung City.

On March 2015, the Defendant interfered with traffic by planting 20gs of seedlings and 20gs of soil on the one hand, and by installing a set of soil on the other hand, allowing unspecified persons, motor vehicles, and horses to pass freely.

Summary of Evidence

1. The recording of statements by witnesses E in the third protocol of trial;

1. The recording of statements by witnesses F and G in the fifth trial records;

1. A written statement;

1. Field photographs, cadastral map and land cadastre;

1. The Defendant and his defense counsel asserted to the effect that “The instant land D (hereinafter “instant land”) owned by the Defendant does not constitute a “land” with a public character for which many and unspecified persons or vehicles and horses can freely pass, and thus does not constitute a general traffic obstruction under Article 185 of the Criminal Act.”

However, according to the evidence cited above, the land in this case is a place where many and unspecified persons, including E,F, and G, or vehicles and horses, who have long been residing in or operated a fish farm, etc. in their surroundings for a long time, have freely been used for traffic, and falls under “land”, which is the object of general traffic obstruction under Article 185 of the Criminal Act. The act of the Defendant planting seedlings on the land in this case and embling soil, and installing a set up on the ground of soil, constitutes a crime of interference with general traffic.

Therefore, the above assertion by the defendant and the defense counsel is without merit.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 185 of the Criminal Act concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;