On December 2, 2015, on the land owned by the D church (hereinafter “instant church land”), the two police officers set up and managed the “E” at the same time, but the victim F purchased G land (hereinafter “instant adjacent land”), and the graveyard creation work was defective, and the road located on the said church’s land (hereinafter “instant road”) with H, who is the head of the management office of the said church, was installed with H, and made it impossible for the general public, including the above victims, to pass through the said church by installing a steel door (hereinafter “the instant steel door”) with a width of 6 meters on the road located on the said church’s land.

Accordingly, the Defendant conspiredd with the above H to obstruct traffic.

2. Determination

(a) Obstruction of general traffic under Article 185 of the Criminal Act is an offense that protects the traffic safety of the general public, with the purpose of punishing all acts making it impossible or remarkably difficult to pass by interfering with traffic by damaging land, road, etc. or blocking by obstacles;

The term "landway" refers to a place of public traffic provided to the general public, that is, a place of public nature in which many and unspecified persons, motor vehicles, and horses are able to freely pass.

Even in cases where a person using a road is small, it may constitute land stipulated in the above provision, but a road with another road having access to a public road, passing through with a temporary approval from the owner of the land, or merely a place where the owner of the land uses it as a personal person and uses it, does not constitute land stipulated in the above provision (see, e.g., Supreme Court Decision 2016Do12563, Apr. 7, 2017).

In full view of the following facts and circumstances recognized by the record, the road of this case is offered to the general public for passage.