Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

On June 28, 2016, at around 12:30, the Defendant installed a steel fence of size 4.9 meters in length and 1.5 meters in height on the front side of the entrance used for this official use (E, F, G) of 3 Dong-dong factories nearby Kimpo-si, Kimpo-si, Kimpo-si, and prevented vehicles from passing through the front side of the entrance.

Accordingly, the defendant interfered with traffic by allowing the passage of land on the surface, which is a site public for the traffic of the general public.

[Defendant and defense counsel asserted that although they installed fences as stated in the facts charged of this case, they do not interfere with traffic since they are not public places for the traffic of the general public.

The purpose of the general traffic obstruction is to punish all acts that cause damage to or influence of land, etc. or significantly impede passage by causing interference with traffic by other means (see Supreme Court Decision 95Do1475, Sept. 15, 1995). Here, the term “land” refers to the wide range of the passage of land actually accessible to the general public, and the ownership relation of the site, traffic relation, or traffic relation, or traffic relation, or traffic congestion, etc. are not prohibited (see Supreme Court Decision 99Do1651, Jul. 27, 199). Further, the general traffic obstruction is so-called abstract dangerous crimes, which make it impossible or considerably difficult to pass through through, or interfere with traffic by other means. According to the evidence adopted by the court below, it is not necessary to lawfully install a pent, etc. on the ground that the Defendant’s access to a forest and land owned by the general public is not the actual result of interference with traffic (see Supreme Court Decision 99Do1651, Jul. 27, 2005).