A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

Defendant is a person who is engaged in labor.

On July 28, 2016, from around 06:00 to 20:00 of the same day, the Defendant: (a) used poke lines to cover up about 50 meters in length and about 3 meters in width; and (b) made it possible for large number of people, vehicles, horses, etc.

Accordingly, the defendant interfered with the traffic of the land.

Summary of Evidence

1. Statement made by each prosecution with respect to C and D;

1. Each police statement made to E, F, G, H, and I;

1. Investigation report (as to attachment, such as site photographs)

1. Application of statutes on site photographs;

1. Article 185 of the Criminal Act applicable to the crimes;

1. Determination as to the defendant's assertion under Article 62 (1) of the Criminal Code of the Suspension of Execution

1. The summary of the assertion is that the instant land is owned by the Defendant and is illegally opened by the Jinjin-gun, and it does not constitute “land” which is the object of traffic obstruction.

The argument is asserted.

2. The crime of interference with general traffic safety is a crime of protecting the safety of general public’s traffic. Here’s “land” refers to a place provided for the traffic of the general public. It does not require that the land should be established lawfully, regardless of its ownership relation, traffic relation, or a large number of traffic visitors, or hostilely, etc. (see Supreme Court Decision 2001Do6903, Apr. 26, 2002).

According to the evidence adopted by the court, since the road of this case was around 16 years since around 2001, it was recognized that the road of this case was provided for the traffic of the general public. Thus, the defendant's crime of this case constitutes a requirement for the obstruction of traffic by one party, even if the Gangwon-gun constructed the road of this case on the land owned by the defendant through illegal double construction, as alleged by the defendant.

The elements of sentencing on the grounds of sentencing, and the age, sex, environment, and circumstances of crimes of the defendant.