The defendant shall be innocent.

1. The summary of the facts charged is the E clan manager in Kim Jong-si, and the victim F is the representative of G operated with a funeral, a charnel house.

On May 4, 2017, at around 10:0, the Defendant laid up approximately 50 meters in length and about 1m in height at G access roads located in Kimpo-si, Kimpo-si, Kimpo-si, and obstructed the victim’s G operation affairs by force by making it impossible for the bereaved family members using G to park closely by cutting down the pool.

2. The scope of duties subject to protection of interference with the determination is an occupation or a business that is continuously engaged in, and is worth protection from harm caused by an unlawful act of another person. It is not necessarily a lawful contract or administrative act, etc. which is the basis of such duties (Supreme Court Decision 94Do3136 delivered on June 30, 195). Meanwhile, since the right to passage surrounding land is particularly deemed to have been used at the risk of damage to the owner of the destination for the public interest of using the land without a passage necessary for its use between the public interest with the public interest, the right to passage around the land must be considered in determining the width or location of the passage route. In a specific case, it should be determined on the basis of the topography and location of the land between the owner of the destination and the public interest of the owner of the land. The degree of the right to passage should be determined on the basis of the evidence submitted by the defendant to the public interest of the victim and his bereaved family members, and all other circumstances (see Supreme Court Decision 2009Do750, Jun. 18, 2009).

It is difficult to see it.

On the other hand, the Defendant sets up access roads to prevent the victims and their bereaved family members from "parking" around the access roads, and sets up a pool around the access roads.