The defendant shall be innocent.

1. On November 1, 2017, the Defendant: (a) was divided into the area of 467 square meters prior to D on December 17, 2015 (the land classification was changed to a site on April 14, 2016) and 710 square meters prior to E, and the area where the instant farm road was located is C and E land.

(hereinafter referred to as “each of the instant lands”) opened a ground of about 15 meters in length, about 70cm in width, and about 40cm in depth by cutting off the ground on a road (hereinafter referred to as “the instant farm road”) located on the road (hereinafter referred to as “the instant land”), and obstructed traffic by making the land on the part of the general public, which is a site public for traffic.

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, “land” refers to a place provided for the traffic of the general public, i.e., a place of public nature in which an unspecified number of people or a vehicle can freely pass through without any specific person (see, e.g., Supreme Court Decision 9Do401, Apr. 27, 1999). Even in a case where a person using a road is small, it may constitute land as referred to in the said provision. However, a road that passes through with the land owner with his/her temporary permission for use from the land owner or is merely an incidental place to another person’s passage while the land owner personally uses it (see, e.g., Supreme Court Decision 2016Do12563, Apr. 7, 2017). (b) The following circumstances can be recognized by comprehensively taking into account the evidence duly adopted and investigated by this court, i.e., each of the instant land can only be used.