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Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
On April 21, 2018, the Defendant, on the ground that the access roads to the access roads located in B in Naju-si, B are owned by the principal, caused the village residents, such as the victim C, to pass through the above land, which is a place for public passage of the general public, by using equipment, such as gras, such as gras, etc.
Summary of Evidence
1. Each legal statement of witness C and D;
1. Partial statement of the police interrogation protocol of the accused;
1. Each police statement of C or D;
1. Report on investigation (on-site photographs);
1. Application of the law to the result of on-site inspections by this Court;
1. Article 185 of the Criminal Act applicable to the crimes;
1. Selection of an alternative fine for punishment;
1. Determination on the Defendant’s assertion of defense counsel under Articles 70(1) and 69(2) of the Criminal Act for the confinement of the workhouse
1. First, the access road of this case is not a place for the passage of the general public from the beginning to the point of view, and further, the defendant closed the access road of this case and opened a substitute passage for it, and thereafter, the access road of this case is no longer a place for the passage of the general public.
Second, the act of establishing a substitute passage in light of all the circumstances, such as the current status of the access road of this case, the time of establishment and use, the time of establishment and use of the substitute passage, and the situation of use, and at the same time closing the access road of this case constitutes a legitimate act that does not violate the social rules stipulated in Article 20
2. (1) Determination of the first argument is a crime of interference with general traffic under Article 185 of the Criminal Act, the legal interest of which is the protection of the general public’s traffic safety. Here, “landway” refers to a place of public traffic by the general public, namely, a place of public nature where many and unspecified persons or vehicles and horses are able to freely pass through without limiting to a specific person. It causes damage to or infusing a land, etc., or prevents traffic by other means.