The defendant shall be innocent.

At around 17:00 on January 12, 2019, the Defendant interfered with traffic by installing approximately 1m iron bars at the boundary points of D and E, approximately 3 meters wide from among the asphalt roads via which he passes through his house at E-si B (hereinafter referred to as a parcel number, because all land is C).

Judgment

1. Article 185 of the Criminal Act provides, “A person who damages or destroys a road, waterway, or bridge or obstructs traffic by other means shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won.”

The purpose of Article 185 of the Criminal Act is to punish any act of causing damage to or infusing land, etc. or significantly obstructing traffic by causing damage to or infusing land, etc., or interference with traffic by other means (see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 1995). The term “land access” refers to a place of public traffic by the general public, namely, a place of public nature in which many and unspecified persons, vehicles, and horses are allowed to freely pass through, without limiting it to a specific person.

(1) In cases where a person who uses a road on April 27, 199, falls under land stipulated in the above provision, even if the person who uses the road on passage is small, it may fall under land stipulated in the above provision. However, a road which is only a place where the landowner has obtained a temporary approval from the landowner in the state where another road is permitted to enter a public road, or where the landowner has used the road on his/her own with another person’s personal use, and is a place where the landowner has allowed another person to use it, does not fall under land stipulated in the above provision (see, e.g., Supreme Court Decision 2016Do12563, Apr. 7, 2017). 2, 201. The F land category at issue in the instant case (hereinafter referred to as “site”), which becomes a ground for the Defendant’s assertion, and its concrete packaging is contained in the concrete package.