일반교통방해등
The defendant's appeal is dismissed.
All the costs of the trial by the original instance and the trial by the party shall be borne by the defendant.
1. Summary of grounds for appeal;
A. In fact-misunderstanding and legal principles 1) The network P, a large lux of F, has arbitrarily expanded a farming road of 1,617 square meters on land in Yong-gun, Yong-gun, Nam-gun (hereinafter “the road of this case”) to allow only his family members, including F, to pass through the road. The road of this case does not constitute the land as referred to in the general traffic obstruction because it is not used by the general public for traffic obstruction.
2) On the contrary, even if there is no intention to interfere with D’s business concerning new housing construction, the Defendant only installed a gate to prevent F from passing through the instant road, and D did not know that it was a new house construction work near the instant road.
3) Nevertheless, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.
2. Determination
A. 1) As to the assertion of misunderstanding of facts and legal principles, the crime of interference with general traffic under Article 185 of the Criminal Act is a crime of protecting the general traffic safety of the general public. The "landway" refers to the wide passage of land that is actually common use for the traffic of the general public. It does not see Supreme Court Decision 2001Do6903 delivered on April 26, 2002. B) The court below adopted the legal statement of G and duly examined evidence, including the following circumstances acknowledged by the evidence duly adopted and investigated. In other words, the road of this case has been used as farming from around 1958, the date on which approval was granted for the use of the public's Qok-gun building, which is the F-owned, to the residents' neighboring concrete packaging and adjacent residential areas by Younggun-gun.