Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is the owner of B’s land in Leecheon-si.

On March 13, 2017, the Defendant interfered with the traffic by allowing ordinary citizens to walk on the ground of the road Leecheon-si B (hereinafter “instant road”) so as to prevent them from arbitrarily passing through the Defendant’s private land, thereby obstructing the traffic by allowing citizens, vehicles, etc. by installing a steel-gate gate on the access road and allowing them not to pass through the road.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. D Fact-finding certificates;

1. Application of Acts and subordinate statutes to the investigation report (afix of aerial photographs);

1. Article 185 of the Criminal Act and Article 185 of the same Act concerning criminal facts and the choice of fines;

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

1. Judgment on the key issue of Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. The road of this case where the defendant and his defense counsel did not use the road of this case as the current general public passage, and all neighboring land owners who used the road of this case with access was prohibited from entering the road of this case through the court's decision. Thus, the road of this case does not constitute the land which is the object of the general traffic obstruction.

2. The phrase "land passage" in this context is a crime of interference with general traffic under Article 185 of the Criminal Act, the legal interest of which is the protection of the traffic safety of the general public, and refers to the wide passage of the land commonly used for the traffic of the general public. It does not refer to the ownership of the site, the traffic right relationship, or the multiple and hostileness of traffic users (see, e.g., Supreme Court Decision 2001Do6903, Apr. 26, 2002). Considering the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the road of this case is deemed to be the land which is the object of the interference with general traffic.

① Examining the airline shootings of the instant road, the instant road is a passage of the general public around 2013.