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

If the defendant does not pay the above fine, 50,000 won shall be converted into one day.

Criminal facts

From May 3, 2012, the Defendant: (a) installed a steel-frame of 1.7 meters wide from the access road of 1495-2 breadthed to 3.7 meters in the dry-si, Scour-si; and (b) opened a road with a width of 1.7 meters to block part of the access road, thereby hindering the traffic of unspecified unspecified people.

Summary of Evidence

1. Each legal statement of witness C and D;

1. Statement to C by the police;

1. Photographs;

1. Application of Acts and subordinate statutes to a report on investigation (Visits);

1. Relevant Articles of the Criminal Act and Article 185 of the Criminal Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant asserts that the place indicated in the facts charged is not a road where only the Defendant passes through, and the determination of the Defendant’s assertion regarding the provisional payment order under Article 334(1) of the Criminal Procedure Act.

The purpose of the general traffic obstruction is to punish all acts of causing damage to or infusing land, etc. or significantly obstructing traffic by other means, which are protected by the legal interest of the general public. Here, the term "land passage" refers to the wide passage of land actually being used for the traffic of the general public. It does not refer to the ownership of the site, the relation of traffic, or the relation of traffic and the right of passage, or the congestion of the traffic, etc. (see Supreme Court Decision 2004Do7545, Oct. 28, 2005). According to the evidence duly adopted and examined by the court, it can be recognized that the road of this case was used for the traffic of the village after packaging, and its width can also be seen as a common passage of land for the traffic of the general public.

Defendant’s assertion is without merit.