A. Fact-misunderstanding and legal doctrine 1) The instant road does not constitute a road with public nature for many and unspecified persons, and it is possible to pass a vehicle in spite of the Defendant’s act, and thus does not constitute a crime of interference with general traffic.

2) In addition to the instant road, there is a separate road that can enter the victim’s business pension, so the Defendant’s act did not interfere with the victim’s business.

The defendant did not have any intention to obstruct his business.

B. The sentencing of the lower court’s unfair sentencing (2 million won) is too unreasonable.

2. Determination

A. In light of the circumstances stated in its reasoning, the lower court determined as to the assertion of misunderstanding of the facts and legal doctrine: (i) falls under the “land” stipulated in Article 185 of the Criminal Act; (ii) the Defendant’s act of criminal facts stated in the lower judgment constitutes a situation where traffic through the instant road is impossible or considerably difficult; and (iii) the Defendant’s act of committing a crime in the lower judgment constitutes a road, other than the instant road, is not allowed to enter the road by using the road for the operation of the victim;

The decision was determined.

The judgment below

Examining the reasoning of the lower judgment in comparison with the evidence examined, the lower court’s determination of facts is justifiable, and it did not err by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of

B. In 2015, the Defendant was punished by a fine of KRW 1,00,00 by installing a pent support unit prior to the instant case, even though he was sentenced to a fine of KRW 1,00,000, in order to prevent the said vehicle from entering the said pent, and committed the instant crime.

The defendant was unable to reach an agreement with the victim.

The Defendant’s age, sex, environment, family relationship, motive and background, means and consequence of the crime, including the foregoing circumstances, and the circumstances after the crime.