Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a person who owns 1/3 of shares in land B in Ilyang-gu, Ilyang-gu.

around 09:00 on May 19, 2018, the Defendant interfered with traffic by allowing C, a facility operator, to install seven strings on the access road of approximately 71 square meters used by local residents for village traffic, thereby allowing C, a public use of the road.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. A statement of response to a majority of the civil petition in the office of Jung-gu, Busan, such as current status photographs and cadastral maps;

1. Application of the Act and subordinate statutes on site photographs, such as the form of a road before the installation of posts confirmed as an investigation report (field inspection)-E map, street marker, or E map;

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

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

1. The defendant and his defense counsel first asserts that the road on which the defendant set up posts is not a road for the traffic of the general public, but a road for the traffic of the general public, and that the defendant did not have any intention to interfere with traffic.

The crime of interference with general traffic under Article 185 of the Criminal Act is a crime under the legal interest and protection of the traffic safety of the general public. The term "land" refers to a place of public passage to and from the general public, that is, a place of public character where many and unspecified persons, vehicles, and horses are allowed to freely pass through without limit to a specific person, and as long as it is recognized as land, the ownership relation of the site, traffic right relation, or heavy and hostileness of traffic users do not occur (see, e.g., Supreme Court Decision 2005Do1697, Aug. 19, 2005). The following facts and circumstances are the same as E, which can be recognized by considering the evidence duly adopted and examined by this court.