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

From June 1, 2016, the Defendant was a person who had been working as the president of the council of occupants' representatives in Seoul Special Metropolitan City, Nowon-gu's apartment building B from around June 1, 2016. At the time of the completion of the above apartment building construction, the Defendant created a 2.2-meter waterway (hereinafter "the instant road") in width connecting the neighboring park with the inside of the above apartment, and provided not only the apartment residents but also the aforementioned park users and the D apartment residents.

In the meantime, when a civil petition was filed by the residents of the above apartment on the ground of the waste, noise, and crime prevention problems in the vicinity of the instant land, the Defendant closed the said building on August 1, 2017, such as locking the iron door of the instant land and installing a steel net on the said ground.

After all, the Defendant interfered with the traffic by making the land provided for the traffic of the general public pass.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of prosecutorial statement concerning E;

1. Statement of the police statement of E;

1. The investigation report (No. 3);

1. Submission of a written accusation, written opinion, or additional materials (civil petition documents and on-site photographs);

1. On-site photographs and B apartment gardos (the defendant and his defense counsel asserted to the effect that the instant land is not a road provided for the general public’s passage, but the following circumstances acknowledged by the evidence, namely, ① Seoul Urban Planning Committee has to secure the instant land roads which link the C Park with the small park in the instant apartment complex,” and the F Union has reflected this in the construction of the instant apartment. ② From January 27, 2016 to August 1, 2017, it is reasonable to view the instant land as a road provided for the public’s passage, including park users, from the time when the said land was planned to be the above land, to the point that the instant apartment was opened to the public including the park users, as stated in the judgment of the council of occupants’ representatives.