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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the defendant can not move to India, and the traffic has already been controlled by the police at the time, and the traffic has not been obstructed by the defendant's act, and the defendant's act constitutes a justifiable act that does not go against the social norms, but the court below convicted him of the facts charged in this case. The judgment of the court below is erroneous in the misapprehension of legal principles
2. The purpose of general traffic obstruction under Article 185 of the Criminal Act is to punish all acts making it impossible or remarkably difficult to pass through by damaging or infusing land, etc. or interfering with traffic by other means as an offense, the legal interest of which is to protect the general public’s traffic safety (see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 1995). The general traffic obstruction is a so-called abstract dangerous crime that makes it impossible or considerably difficult to pass through, as a result of traffic obstruction, and the result of traffic obstruction should not be practically caused.
(See Supreme Court Decision 2004Do7545 Decided October 28, 2005). Meanwhile, whether certain acts constitute a justifiable act as a ground for excluding illegality should be objectively and reasonably decided depending on specific cases. To be recognized as a justifiable act, the following requirements should be met: legitimacy of the motive or purpose of the act; reasonableness of the means or method; balance between the protected legal interests and the infringed legal interests; fourth urgency; fifth, there should be no other means or method than the act.
(See Supreme Court Decision 2006Do9418, Mar. 15, 2007). Health team for the instant case; the process of the instant assembly, which was duly adopted and examined by the court below, is the progress of the instant assembly; the time and spatial scope in which the Defendant participated; the degree of interference with traffic at the time of the instant assembly; and