Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. On February 9, 2015, the Defendant interfered with general traffic by piling up soil from the land owned by the Defendant in Namyang-si, Namyang-si, the Defendant obstructed the traffic of passage on land by making many unspecified vehicles and pedestrians not pass through the above farming roads, in a manner of piling up soil from the land owned by the Defendant in Namyang-si, to the farm as a pokele.

2. On April 9, 2015, from around 11:00 to 11:52 of the same day, the Defendant: (a) was unable to enter the said construction site by parking and placing ready-mixed vehicles owned by the Defendant on the said farm road so that the victim E and F may not enter the said construction site by parking and placing the HWz automobiles on the said farm road so that the victim E and F may not enter the said building site in order to create a path for access from the land outside G in the southyang-si of the said farmland in the southyang-si of the said farmland.

Accordingly, the defendant interfered with the work of victims by force.

Summary of Evidence

1. Each legal statement of witness E, F, and I;

1. Recording records ( April 19, 2015);

1. All on-site photographs;

1. Application of Acts and subordinate statutes to the results of the video CD reproduction;

1. Article 185 of the Criminal Act applicable to the facts constituting an offense (the point of interference with general traffic) and Article 314 (1) of the Criminal Act (the point of interference with business);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Determination on the assertion about general traffic obstruction

A. The summary of the assertion is that the Defendant temporarily accumulated soil in the course of flatizing work to set farming houses on the ground of part of the instant land, which did not interfere with traffic, and there was no intention to commit a crime that interferes with general traffic.

B. The offense of interference with general traffic safety under Article 185 of the Criminal Act is an offense of protecting the general public’s legal interests.