The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

On May 9, 2016, the Defendant, on the part of the road owned by the Defendant, installed containers on the land at approximately seven meters of the length adjacent to C, and approximately three point five meters of width, allowing the Defendant to pass off the above land, which is the head of the public road for the traffic of the general public.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A report on investigation (on-site investigation and photographing of site photographs);

1. A report on investigation (Attachment to Internet guidance);

1. Application of three copies of airline noise-related Acts and subordinate statutes;

1. Article 185 of the Criminal Act applicable to the facts constituting an offense, Article 185 of the Criminal Act selective punishment, and the choice of fines;

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Determination of the assertion by the Defendant and his defense counsel under Article 59(1) of the Criminal Act of the suspended sentence

1. The part where the defendant placed a container is not a road where the defendant's private land and village residents contributed to the use of the container.

The Defendant’s possession of the Defendant only moved a container for work within C, and even excluding the installed part of the container, there was a passage of 90cm wide from 1m to 90cm. Thus, the Defendant did not make the container flow off on the land.

In addition, there are other roads in which one person can pass through his house even if he does not pass through his private will.

2. 1) The purpose of the crime of interference with general traffic is to punish all acts that make it impossible or considerably difficult to pass by causing damage to or influence of land, etc. or interference with traffic by other means (see Supreme Court Decision 95Do1475, Sept. 15, 1995). Here, the term “land access” refers to a wide range of land passage through which is actually common use by the general public, and it does not include ownership relation of the site, traffic relation, or traffic relation, or traffic relation, and it does not amount to many persons (see Supreme Court Decision 95Do1475, Sept. 15, 1995).