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The defendant shall be innocent.
Reasons
1. On December 30, 2016, the summary of the facts charged in the instant case, the Defendant created a flower using cement to the parts adjacent to the instant E-house, the Defendant’s house, located adjacent to the said E-house, which is the Defendant’s house, and made it difficult for the Defendant to drive the vehicle with a width of 2.13m to 2.18m.
As a result, the defendant interfered with the traffic of people using the above passage roads.
2. Determination
(a) Interference with general traffic safety under Article 185 of the Criminal Act is an offense that protects the traffic safety of the general public, with the aim of punishing all acts making traffic impossible or remarkably difficult by interfering with traffic by destroying land, road, etc. or blocking by obstacles;
Here, the term “landway” refers to a place provided to the general public for traffic, i.e., a place of public character in which an unspecified number of people or a vehicle can freely pass through without any specific person (see, e.g., Supreme Court Decision 2016Do12563, Apr. 7, 2017). B) In full view of the following circumstances acknowledged by the health stand and the evidence duly adopted and investigated by this court in light of the foregoing legal doctrine, the Defendant is obliged to omit the “Seoul Northern-gu Seoul Northern-gu G Dong” land (hereinafter “Seoul Northern-gu G Dong”) and specify land only once.
In addition, the part of F’s land where the Defendant installed a chemical team is “the key part of the land,” and the act of installing a chemical team, etc. in which the main part of the land and D’s land are combined with the main part of the land and D’s land is the same as the act of installing obstacles, etc. on the “land” under Article 185 of the Criminal Act.
It is difficult to assess.
The decision is judged.
1) The instant passage is a dead-end frame between the F ground building owned by the Defendant and H ground buildings owned by a third party, and there is a ground building E owned by the Defendant as the complainant at the end of the above passage.
2) The F Ground Buildings and H Ground Buildings are the main entrance on the side of the road.