Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On May 10, 2012, the Defendant: (a) around May 10, 2012, in order to prevent E from passing along the streets (4m wide) between E and Jeonju-gun, Jeonju-gun, the Defendant installed two fences in front and rear of the paths at intervals of about 30 meters, and obstructed traffic by preventing the passage along the streets.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 185 of the Criminal Act and Article 185 of the same Act concerning criminal facts and the choice of fines;

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

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

A. The defendant and his defense counsel asserted that although the defendant installed the pents on the road of this case, the above road is mainly used by E, and the above road is used only once or two times a year by the village, and it cannot be viewed as being used for the traffic of the general public. Thus, it cannot be viewed as a "land" which is the object of general traffic obstruction.

B. The crime of interference with general traffic under Article 185 of the Criminal Act is an offense, the legal interest of which is the protection of the traffic safety of the general public. Here, the term "land passage" refers to the wide passage of land that is actually used for the traffic of the general public. It does not go through the ownership relationship of the site, the traffic right relationship, or the heavy and hostileness of traffic users (see, e.g., Supreme Court Decisions 2001Do6903, Apr. 26, 2002; 2006Do8750, Feb. 22, 2007).

In other words, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, the mountain roads connected to the roads of this case have been already formed as customary roads for a long time, such as at least 1970s to use for the passage of residents living in mountains, etc. The water tanks jointly used by village residents on the inside of the road where the Defendant installed fences.