The sentence of sentence shall be suspended for the defendant.

Criminal facts

On November 20, 2014, the Defendant left the roads (F and G) for entry into the E house located in Gyeonggi-gu, Gyeonggi-do, and obstructed the passage of the land freely used by the general public.

Summary of Evidence

1. Legal statement of witness E;

1. Application of the cadastral map and field photograph statutes;

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

1. A fine of three million won to be suspended;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. As to the argument regarding Article 59(1)(i) of the Criminal Act of the suspended sentence (i.e., the primary crime and the suspension of traffic through mediation) of the same Act, the Defendant denies the charge by denying the charge, on the ground that the passage of the instant case is used only by E, its employees, and family members, and thus, it does not constitute “land-based” of the crime of interference with general traffic due

The crime of interference with general traffic under Article 185 of the Criminal Act is a crime of protecting the safety of traffic of the general public. Here, the term "land passage" refers to the wide passage of land actually used for the traffic of the general public. The ownership relation, traffic relationship, or the right and duty of passage, or the passage of a person who passes through the road, etc. (Supreme Court Decision 2006Do8750 Decided 22, 2007). According to the above evidence, the passage of this case where the defendant interfered with traffic is adjacent to the road from the road to the land owned by the defendant as the part of the access to the land owned by the E. Even though the person using the above passage is mostly the E, its employees and families, there is no possibility that many and unspecified persons may use the passage of this case directly adjacent to the road used by the general public, and there is no concern that the traffic of the users of the adjacent road might interfere with the traffic of the people, and the situation of concrete passage from the E.