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(영문) 의정부지방법원 2014.01.08 2012고정3280
일반교통방해
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is a person who owns a pension in Gyeonggi-gun C.

On March 2012, the Defendant installed 5 meters in height and 1.5 meters on the road, on the ground that the construction vehicle’s length would be damaged upon passing through the G-land forest owned by the Defendant, in the process of performing construction work for land category change of F-B and two lots.

Accordingly, the Defendant interfered with the traffic by having the Habdogman I, an unspecified number of lagwons, J et al., D et al., the construction business operator, etc. not pass through the road.

2. The purpose of the crime of interference with general traffic under Article 185 of the Criminal Act is to punish all acts making it impossible or remarkably difficult to pass by by causing damage to or infusing land, etc. or interfering with traffic by other means (see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 1995). The term “land access” refers to a place public for traffic by the general public, i.e., a place with public character in which many and unspecified persons or vehicles and horses are allowed to freely pass by the general public, without limiting it to a specific person.

(See Supreme Court Decision 9Do401 delivered on April 27, 199, etc.). As to whether the steel door of this case constitutes the land of interference with general traffic, the following circumstances acknowledged by the record are as follows. In other words, the Defendant opened a Gyeonggi Hyeong-gun L Road (hereinafter “instant road”) in around 2010 to cook up through K. On early 201, the road of this case was completed, and the road of this case was originally forests and fields; the road of this case was originally built in early 201; the road of this case was flick-gun; the road of this case was flick-gun; the road of this case was flick-gun; the road of this case was flick-gun; the road of this case was flick-gun; the road of this case was installed by piling up soil on the road; and the place where the instant steel door was installed.

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