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(영문) 울산지방법원 2014.06.13 2014노38
일반교통방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The majority of neighboring residents of the defendant can contribute to the construction of a road in the part where the defendant constructed a steel door (hereinafter referred to as the "road in this case"), and the defendant awarded a successful bid of 200m2, Nam-gu, Ulsan Metropolitan City (hereinafter referred to as "the land in this case"), including the road in this case, and completed the delivery of the land in this case upon receiving an order to transfer land concerning the road in Ulsan Metropolitan City, Ulsan Metropolitan City, and completed the delivery of the above land. The G ditch in Ulsan-gu, Ulsan Metropolitan City adjacent to the road in this case is owned by the Southern Metropolitan City, Ulsan Metropolitan City, and can be opened and used as a substitute passage, and such measures are not neglected. Thus, the road in this case cannot be deemed as the land offered for the general public passage, and even if it falls under domestic affairs, there is no justifiable reason or there is no possibility for the defendant to believe that his act did not constitute a crime.

Therefore, the judgment of the court below convicting the defendant of general traffic obstruction is erroneous by misunderstanding the facts or by misapprehending the legal principles, which affected the conclusion of the

B. The sentence of the lower court’s judgment (the sentence of KRW 3 million) is too unfilled and unreasonable.

2. Determination

A. On the Defendant’s assertion, the purpose of Article 185 of the Criminal Act is to punish all acts of causing damage to or influence of land, etc., or obstructing traffic by other means, and thus making it impossible or considerably difficult to pass through by means of causing damage to or influence to the safety of traffic of the general public (see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 1995). The term “land” refers to the wide range of the land passage through which is actually common use for the traffic of the general public, and the ownership relation of the land, traffic right relation, or passage relation.

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