The defendant shall be innocent.

1. The summary of the facts charged of the instant case is as follows: (a) around 100 meters in length located in the Cheongju-si, a considerable amount of 1.5 meters wide from February 5, 2018 to early June 2018, the Defendant: (b) narrowed the paths by piling up the paths at the edge of the road to prevent the entry of a large amount of vehicles for solar construction in the victim C’s house into the road on the ground that “the trees of the individual privately owned land are damaged”; (c) cut off the road; (d) cut off the edge of the road; and (e) put up the chairs written by inserting the words “Weeg for entering.” and “Ieg for not having access to the private land”; and (e) let the chairs who put up the words “Ieg for leaving the road at the entrance of the public by placing them on the road.”

Accordingly, the Defendant interfered with traffic.

2. As to the facts charged of this case, the defendant and his defense counsel asserted that the road of this case does not correspond to the land which is the object of general traffic obstruction, and the defendant's act cannot be viewed as traffic obstruction. Even if traffic obstruction is acknowledged, it is not unlawful as an act to prevent damage to the defendant's property.

Interference with general traffic under Article 185 of the Criminal Act is an offense that protects the safety of the general public, with the aim of punishing any acts making it impossible or remarkably difficult to pass by interfering with traffic by damaging land, road, etc. or blocking by obstacles.

(see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 1995). The term “land” refers to a place of public traffic provided by the general public, i.e., a place of public character in which many and unspecified persons, motor vehicles, and horses are able to freely pass through.

(see, e.g., Supreme Court Decisions 83Do2617, Sept. 11, 1984; 2002Do7292, Feb. 28, 2003). Even in cases where a person using a road is small, it may constitute land as prescribed by the above provision, but may enter a public road.