Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant’s prosecution, around February 10, 2013, at the end of Yeongdeungpo-gu Seoul, Seoul, D, E, or F, 7 m (three-meters) postsed on the road that connects C, D, E, or F, and installed plastic fences, thereby obstructing the passage of the original “vehicles and people” by the Defendant’s office.

In spite of indictment, it is judged not guilty of the grounds for interference with general traffic of the "vehicle" as follows.

the passage of the Commission was hindered.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of witness G;

1. A protocol concerning the examination of the police officers of the accused;

1. A photograph attached to a written complaint [in a case where a small width is left behind only a small width, and a fence, etc. was installed on the ground that it was one’s own possession, which has been used for a long time as the sole passage leading to residents through the public road, constitutes a crime of interference with general traffic by installing a fence, etc. (see Supreme Court Decision 94Do2112, Nov. 4, 1994). In this case, there is no big difference from the aforementioned legal principles. Thus, there is no obstacle to establishing a crime of interference with general traffic by a “person.”

In addition, even if considering the circumstances of crimes, etc., it has brought about obstacles to the passage of people, which cannot be evaluated as a justifiable act.

The defendant's legal counsel is rejected.

Application of Statutes

1. Relevant Article 185 of the Criminal Act concerning a crime. Article 185 (Selection of Penalty)

1. Imposition of a fine of KRW 300,000 [the former summary - fine of KRW 2 million: Determination of not guilty on the ground of interference with general traffic of “vehicles” as seen below; circumstances leading to the crime; details leading up to the crime; details without any particular criminal history; age, occupation, economic conditions, etc. of the Defendant];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of interference with general traffic under Article 185 of the Criminal Act by not guilty part of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is an offense of which the benefit and protection of the general public’s traffic safety is a crime.