1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Punishment of the crime

On May 15, 2013, the Defendant, on the ground that the land boundary is clear in the land owned by the D Defendant on May 15, 2013, installed a hump posts and a steel-frame network at the place (hereinafter referred to as “instant farm road”) and obstructed the traffic of the road by allowing many unspecified pedestrians not to pass through.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A certified copy or a certified copy of cadastral map;

1. Copy of the notice of permission for land division; and

1. Application of satellite photographs and Acts and subordinate statutes on-site photographs;

1. Relevant Articles of the Criminal Act concerning facts constituting an offense. Article 185 (Selection of Punishment of Fines)

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

1. The Defendant’s argument regarding the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act shall show that the instant farming road is not the land.

The purpose of Article 185 of the Criminal Act is to punish all acts of causing damage to, or interference with traffic by causing damage to, the land, etc. or interference with traffic by other means, and thereby making it impossible or considerably difficult to pass through. Here, the term “land” refers to the wide range of the passage of the land actually used for the passage of the general public, and the ownership relation of the site, traffic rights relation, or heavy and sound of the traffic, etc. are not prohibited (see, e.g., Supreme Court Decision 2007Do717, Dec. 28, 2007). In the instant case, the developments leading up to the construction of the farmland of this case (hereinafter, “the farmland of this case”) with the farmland of this case (hereinafter, “the farmland of this case”) (hereinafter, “the farmland of this case was owned by the co-owners, including the farmland of this case, the actual use of the land of this case as the farmland of this case, and the actual use of the land of this case as the farmland of this case.