(영문) 인천지방법원 2018.5.10.선고 2018고정482 판결

When the defendant does not pay the above fine, the defendant shall be the defendant for the period calculated by converting one million won into one day.

shall be confined in a workhouse.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Facts of crime

Defendant: From 00 to 17:0 on December 4, 2017, 201, the Defendant’s housing at the port of Yongsan-dong, Incheon Metropolitan City between 00 to 00.

'Re-building' shall have B, C, D, etc. improve the aggregate of the development area into four roads of entry into the development area.

approximately 3m, to put up steel structure fences with a width of about 3m, and to prevent visitors, vehicles, etc. in the development area from passing, the above alley road, which is the land, was obstructed by allowing them to pass off.

Summary of Evidence

1. The defendant's partial statement in court (the second court date);

1. Each statement of E, F, and G;

1. The police statement of H and I;

1. Domestic report (general traffic obstruction), pents installation photographs, pents installation drawings, press report articles;

[Defendant and defense counsel asserts to the effect that this does not constitute a general traffic obstruction because the land in this case where the Defendant installed the steel structure pents is a private ground and there are other roads allowing access to public service, this does not constitute a “land” and does not constitute a “land”. The general traffic obstruction under Article 185 of the Criminal Act is prohibited.

The crime is a crime under the legal interest and protection of the traffic safety of the general public. The term "land" refers to a place public for the traffic of the general public, that is, a place where many and unspecified persons or motor vehicles and horses are able to freely pass through without any specific person, and as long as it is recognized as land, the ownership relation of the land, traffic right relation, or heavy and hostile drinking, etc. are not prohibited (see Supreme Court Decision 2005Do1697, Aug. 19, 2005). Comprehensively taking account of the evidence submitted by the prosecutor, the land on which the defendant installed the steel structure pents of this case is a road packaged by asphalt even if it is an individual's own cause, and for a long time, the land on which the defendant's steel structure pents of this case were installed as a road 610 o-dong, Nam-dong, Incheon Metropolitan City for a long time.

Therefore, it is reasonable to view that the land of this case falls under the "land" of Article 185 of the Criminal Act as the "place of public nature in which many and unspecified persons or vehicles and horses are allowed to freely pass". Accordingly, the above argument is not acceptable.

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 185 of the Criminal Code, Selection of Fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act