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(영문) 대전지방법원 2013.09.12 2013노414
일반교통방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

(a) Each of the roads of this case of mistake of facts is only passing through the forest and fields owned by the complainant, who is a specific person, to enter the forest and fields owned by him, and it does not constitute the objects of general traffic obstruction, because it does not pass through by many and unspecified persons, vehicles

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. Error1) The crime of interference with general traffic under Article 185 of the Criminal Act is a crime that protects the legal interest of traffic safety of the general public. Here, the term "land passage" refers to the wide passage of land that is actually common to the general public, and does not prevent ownership of the site, traffic rights, or heavy and red drinking, etc. (see, e.g., Supreme Court Decisions 2001Do6903, Apr. 26, 2002; 2006Do8750, Feb. 22, 2007). 1) The court below legitimately adopted and investigated the parts of each of the of the of the of the above cases as follows: (i) the Geumsan-gun Office used the same as concrete from 209 to 209, each of the roads of this case was constructed with a customary road for a long time; and (ii) the number of the people's forests and fields, which were actually owned by each of the defendant's own or around the roads of this case.

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