The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is a person who currently divided and owned F(former), G(former), and H(former), and I is a person who provides real estate consulting and obtains a building permit from the J(formerly divided and divided K(Korean), K(Korean) and L(Korean)).

The Defendant and I prepared a “written consent to land use” to give consent to land use in the event of development activities on one’s own land.

가. 피고인은 2017. 3. 10.부터 계속하여 인천 옹진군 M 도로와 이어진 자신 소유 H 전 일부분에 건축된 도로( 이하 ‘ 이 사건 도로’ 라 한다) 의 입구에 ‘П’ 모양의 쇠파이프 구조물( 길이 약 4 미터, 높이 약 1 미터) 과 광케이블 나무 원판을 놓아 두어 그 곳을 지나는 불특정 다수의 교통을 방해하였다.

B. I is under construction works in J (Divided) after obtaining a building permit from the Vindication Military Administration.

Defendant closed the road of this case as described in the above paragraph (a) and prevented vehicles and figures from entering the site of the K Construction Work for which I is constructed.

Accordingly, the defendant interfered with the construction work of I by force.

2. Determination

A. The purpose of interference with general traffic under Article 185 of the Criminal Act is to punish all acts that make it impossible or considerably difficult to pass through by destroying or infusing land, etc. or interfering with traffic by other means (see, e.g., Supreme Court Decision 2009Do4266, Jul. 9, 2009). "power" as part of the elements for interference with traffic under Article 314 of the Criminal Act means a force sufficient to suppress the victim's free will in light of the offender's status, number of persons, surrounding circumstances, etc., although it is not necessary to suppress the victim's free will in reality (see Supreme Court Decision 2009Do4266, May 28, 199).