beta
Text
The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant sold the land used for the past road in connection with the instant house to the victim D, a director of the Gyeongbuk-gun’s housing located in the Gyeongbuk-gun, for the purpose of selling the said land, and 3,70,000 won was not received while surveying the said land while selling the said land, and if the victim who tried to repair the said house, the said house, the fence, etc. before the director was unable to normally construct the said road, and thus, would have to incur considerable damage due to the failure to normally construct the said road. Therefore, without any choice, the Defendant expect to pay 370,000 won to the Defendant instead of paying it, and
The Defendant, from March 15, 2014 to April 14, 2014, set up a Defendant’s Trackter in front of a house located in the Gyeong-gun Seoul metropolitan area and left it at the middle of the road, making it impossible to pass by the vehicle impossible, and obstructed traffic by making it difficult to pass by people.
2. The term “land-based” refers to a crime of interference with general traffic under Article 185 of the Criminal Act, the legal interest of which is the protection of the traffic safety of the general public. The term “traffic” refers to a place of public traffic safety, i.e., a place of public nature in which many and unspecified persons or motor vehicles and horses are able to freely pass
(see, e.g., Supreme Court Decision 9Do401, Apr. 27, 199). According to the evidence duly adopted and examined by this Court, the above roads were provided for the passage of the houses located in the Gyeongbuk-gun, the elderly group, and the facts that are not roads used by other general public, and furthermore, D and their families do not actually have resided in the above houses after purchasing the above houses.
Although D et al. have silented the passage of some residents who want to enter the mountain located behind the housing, such auxiliary circumstance alone is in fact public nature.