Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

1. On September 2017, the Defendant interfered with traffic by blocking the passage of the land used for the traffic of the general public by installing a steel pipe and a water network on the said access road on the grounds that D does not purchase the said access road from the Defendant, on the grounds that D does not purchase the access road from the Defendant.

2. On September 2017, the Defendant interfered with traffic by blocking the passage of the land used for the traffic of the general public through the method of moving 5gs of trees by using the excavating machine for the said reasons at the place specified in paragraph (1) at the end of the end of September, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness D and E each testimony;

1. Each police interrogation protocol against the accused;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to the cadastral map, full certificate of each registered matter, photograph, written confirmation, satellite map near Geumsan-gun B, F cafeteria, and the application of photographs;

1. Article 185 of the Criminal Act and the choice of a fine for the crime, Article 185 of the same Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the Defendant’s installation of steel pipe and its water network as indicated in the facts charged, and the access road (hereinafter “the access road” in this case) to which trees 5gs are moved and gired by the digging hole using the digging hole cannot be seen as a place of public nature in which many and unspecified people, vehicles, and horses can freely pass, and thus, it does not constitute land access as stipulated in Article 185 of the Criminal Act.

2. Determination

A. The crime of interference with general traffic under Article 185 of the Criminal Act is a crime under the legal interest and protection of the traffic safety of the general public. The term "land passage" here means a place of public use for the traffic safety of the general public, namely, a place of public character in which many and unspecified persons, vehicles, and horses are allowed to freely pass.