A. In fact-finding the Defendant said that he would bring about C with stone and soil in order to store bridges in the vicinity of the instant road. However, C was only piling up stone and soil on the instant road without going through seven months after it.

Therefore, in order to obstruct the traffic of the road of this case, the Defendant did not bring stone and soil to C, so it cannot be deemed that the Defendant could not be deemed to have obstructed the traffic of the road of this case, or that the Defendant had a criminal intent to commit such act.

B. The sentence of an unreasonable sentencing (the fine of KRW 500,000) imposed by the lower court is excessively unreasonable.

2. Determination

A. The following circumstances that can be recognized by the court below based on the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts were ① the traffic of the general public, especially the traffic of the motor vehicles, and the public place where the motor vehicles can freely pass. It is clear that the road of this case was dried and high-water and soil at the time of August 16, 2014, ② the defendant stored the road of this case at the investigative agency, ② "I see the person E in this case," and "I see the way if I am on the road of this case, and I am on the way if I am in the front-friendly mountain station, I am again. I see that E would like to see the stone and soil in the mind that I would have experienced inconvenience," and "I see that I would like to bring about stone and soil to I am on the road of this case, and that I would like to see that I would like to see that I would like to see it in the investigation agency."