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(영문) 수원지방법원 2012.05.24 2012노957
일반교통방해
Text

The defendant's appeal is dismissed.

Reasons

1. Around January 11, 2010, the main point of the grounds for appeal changed to the n number in Suwon-si, Suwon-si, the N number in J-si, and the E-type, respectively, due to the change of administrative district around January 11, 2010.

Of the facts constituting the crime of the lower judgment [201cc. 733] stated in the part of the judgment of the lower court, the same passage is the same as the “traffic route on the land in the area of Kuwon-si” as stated in the part of the [201cc. 251cc. 2519].

(hereinafter referred to as “instant passage” does not constitute “land passage” as provided by general traffic obstruction, given that only G, the owner of neighboring land and ground buildings, and the lessee of the building, uses only H, and cannot be deemed as a land passage to and from the general public.

In addition, since the passage of this case was difficult from the past and only a person actually attends, even if it became impossible to pass the vehicle due to planting trees or raising the height above the ground, it cannot be deemed that the Defendant had the intention to commit a traffic obstruction.

Furthermore, even if the passage route of this case constitutes “landway” as provided by the general traffic obstruction, the Defendant was under a disposition by the prosecution on February 24, 2003 against the general traffic obstruction on the ground that the passage route of this case was not contributed to the passage of this case, and thus, the Defendant had no choice but to believe that his act was not a crime under the law, and thus, the Defendant cannot be punished in accordance with Article 16 of the Criminal Act because it constitutes a case where there was a justifiable reason in such mistake.

Therefore, the judgment of the court below which found the defendant guilty is erroneous in the misunderstanding of facts or misunderstanding of legal principles.

2. As a crime of interference with general traffic under Article 185 of the Criminal Code, the term "landway" refers to a crime of protecting the safety of traffic of the general public, and actually refers to the land passage that is commonly used for the traffic of the general public, and it is the ownership of the site.

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