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(영문) 수원지방법원 2014.07.24 2014노1423
일반교통방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that residents wishing to leave the store for common agricultural machinery in the village, and the steel door of the road of this case was opened before C dies, and it was difficult to enter the road of this case with a vehicle. On the side door of the road of this case, it is difficult to enter the road of this case by using a vehicle, and as J awarded a successful bid for the land D (hereinafter “D land of this case”) in order to go to his own land with a vehicle after C’s death, it is necessary to use the road of this case as the only road to go to the land. Since the road of this case constitutes “land” as stipulated in Article 185 of the Criminal Act, the act of the Defendant’s construction of the steel door of this case constitutes interference with general traffic, but the court below acquitted the Defendant of the charges of this case, which is erroneous in the misapprehension of facts, thereby affecting the conclusion of the judgment.

2. Determination

A. The Defendant in the facts charged of the instant case: (a) obstructed traffic by installing a steel 34 cm in length and a height of 1.8m rail around April 1, 2013, on the ground that the Defendant was the deceased Defendant’s friendly C, and the instant land and E land and the bid price F, which was located in the land owned by the Defendant, are not operating the vehicle through the road installed in Jung-Eup, Jung-Eup, the land owned by the Defendant; and (b) obstructed traffic by preventing the traffic flow of the vehicles to pass through the said road by installing a

B. The lower court determined as follows based on the evidence duly admitted and examined by the lower court, as follows, it is difficult to view the road as a place of public nature where the road in this case was used only by the Defendant and J and K-owned land. In fact, it is difficult to view it as a place of public nature where the road in this case was used for the general public’s traffic. In addition, the small door installed in the steel text of this case was always opened, and L, a mother of the Defendant or village resident, needed to keep the key of the instant steel text.

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