A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

The Defendant is the owner of the land located in the Gangseo-gun, Hongcheon-gun (hereinafter “instant land”). The instant land has been built cement roads according to the current status, and many and unspecified persons have used cement roads according to the said current status for long time.

The Defendant installed a steel gate with a large volume of 3 meters wide on cement roads and a high volume of 1m high on or after August 26, 2016 and obstructed the passage of people or vehicles after August 26, 2016, and obstructed the general traffic by damaging cement packaging of cement roads on or around September 19, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made with respect to C, D, E, and F;

1. Application of Acts and subordinate statutes to the head of a complaint, cadastral map, report on occurrence of a dispute, and field photographs;

1. Relevant Article 185 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. According to the reasoning for sentencing under Article 62(1) of the Act on the Suspension of Execution, there are some circumstances to consider the Defendant’s appeal, which led to the instant crime, as the State-owned land whose land category is a road, connected to the instant land, the category of which is the former land category, so that the Defendant may use it as the land category to the administrative authorities, and even if the Defendant filed several civil petitions, no

However, the road of this case has been used as a passage for village residents since the 1970s, and as of around 1990, cement packaging was used as an important passage for village residents. The defendant purchased the land of this case and neighboring land in around 2009 and appears to have been fully aware of the current state of the land of this case at the time of purchase. The defendant installed a steel gate on the land of this case on April 4, 2016 and obstructed general traffic.