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(영문) 대법원 2015.07.09 2014도11134
일반교통방해
Text

The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. Of the facts charged in the instant case, the summary of the general traffic obstruction by June 16, 2012 is as follows: (a) the Defendant conspired with other participants by occupying all lanes of the said road along with other participants who participated in an assembly held by the Seodaemun-gu Seoul Western Library on June 16, 2012 on the side at a “scoping event,” which was held by the Twit-dong Seodaemun-gu Seoul Western Library on the side by the Twit-dong Library, etc. on the road; and (b) using the scves in which the relief was written, thereby hindering the traffic of the vehicle, thereby interfering with the traffic of the road.

2. According to the reasoning of the judgment below, the court below upheld the judgment of the court of first instance that acquitted the above charges on the grounds that it cannot be deemed that the defendant interfered with the traffic of the land and thus makes it impossible or considerably difficult for him to pass through the road.

3. However, the above determination by the court below is difficult to accept for the following reasons.

The purpose of Article 185 of the Criminal Code is to punish all acts which make it impossible or considerably difficult to pass through by causing damage to land, etc., or interference with traffic by other means, as a crime of which the protection of the law is the traffic safety of the general public.

(see, e.g., Supreme Court Decision 2014Do1926, Jul. 10, 2014). Moreover, the crime of interference with general traffic constitutes a so-called abstract dangerous crime, and thus, the traffic is impossible or substantially difficult if a situation occurs, and the result of traffic interference is not practically necessary.

(See Supreme Court Decision 2006Do4662 Decided December 14, 2007, etc.). B.

The following circumstances revealed by the evidence duly adopted by the first instance court, namely, ① the roads adjacent to the above book reading center are not installed only on the part crossing between the railroad and the roadway, and the other parts are separated from the roadway.

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