A. The judgment of the court below which found the defendant guilty of the facts charged of this case in spite of the fact that the place where the defendant misunderstanding the fact did not obstruct traffic merely because it was not the road but the ditch, was erroneous and adversely affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. In light of the determination of the assertion of mistake of fact, the crime of interference with general traffic under Article 185 of the Criminal Act is a crime that legally protects the safety of traffic of the general public, and “land” refers to a crime that actually refers to a land passage that is commonly used for the traffic of the general public, and the ownership relation of the site, traffic relation, or traffic relation, or traffic relation, or a large and hostile voice, etc. are not prohibited.

Therefore, according to the evidence duly admitted and examined by the court below, it can be recognized that the passage to the Cheongbuk-gun, Cheongbuk-gun, where the defendant installed his steel bars and entered the Cheongbuk-gun, Gyeongbuk-gun, which is an access to other agricultural land. In light of the above situation, it is reasonable to see that the passage to the above farming road falls under the "land passage" of interference with general traffic, and ultimately, it can be sufficiently recognized that the facts charged in this case by the defendant interfered with traffic by installing steel bars on the above land, and therefore, it is erroneous in the judgment of the court below which affected the conclusion of the judgment, as pointed out by the defendant.

subsection (b) of this section.

Therefore, this part of the defendant's argument is without merit.

B. Although there are favorable circumstances such as the removal of iron bars installed on the instant road following the day when the Defendant committed the instant crime, the unfavorable circumstances, such as the denial of the instant crime, such as the Defendant’s age, sex, environment, and motive and motive leading to the instant crime.