일반교통방해
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles are only piling up the instant farm road for the purpose of stockpiling a stable in mountain, and removing a bank work, and there was no intention to obstruct the traffic of the victims. The instant farm road does not contribute to allowing multiple people to freely pass through.
B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.
2. Determination
A. The crime of interference with general traffic under Article 185 of the Criminal Act regarding the assertion of mistake of facts and misapprehension of legal principles is a criminal whose legal interest is the protection of the safety of traffic in the general public. Here, the term "landway" refers to the wide passage of land used for the traffic in the general public. It does not lead to the ownership relation of the site, the traffic right relation, or the heavy and redness of the traffic users (see, e.g., Supreme Court Decisions 2006Do8750, Feb. 22, 2007; 88Do18, Apr. 25, 198; 2001Do6903, Apr. 26, 2002). According to evidence and in particular, according to the evidence duly adopted and investigated by the court below, the defendant interferes with the traffic of the residents of the instant farmland, which is used for the traffic of village residents.
The judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of misconception of facts or of law.
B. After the prosecution of the instant case on unreasonable sentencing, community residents have accumulated a axis in front of the mountain, and use the instant farm road on condition that the complaint of the instant case is revoked, the Defendant agreed to use the farm road, and the community residents are no longer punished by the Defendant.
However, as the Defendant was unable to receive the amount of compensation for the farming road of this case used by the entire residents of the village, the crime quality is not weak due to interference with traffic by piling up stones and parking a vehicle.
The age, character, conduct and environment of the accused.