일반교통방해
The defendant's appeal is dismissed.
1. The major point of the grounds for appeal is that the roads above the land of Daegu-gun C (hereinafter “instant roads”) are roads used only by specific persons residing in three parcels of the surrounding land (G, C, and H) and there are roads (I), not only the roads of this case but also the roads of this case. Thus, the roads of this case do not constitute land which constitutes the elements of general traffic obstruction.
Nevertheless, the judgment of the court below which convicted the charged facts of this case is erroneous by misunderstanding the facts or misunderstanding the legal principles, which affected the judgment.
2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court obstructed the traffic of the instant road by the Defendant on land.
Therefore, the court below did not err by misunderstanding the facts or by misapprehending the legal principles.
Therefore, the defendant's above assertion is without merit.
① The road of this case was an empty lot without a road package. In order to use it as a passage of a factory vehicle, etc. around March 2014, J Co., Ltd., after packaging the road of this case on the road of this case, not only the factory vehicle but also the residents of neighboring three lots have used it as a road.
② The three adjacent lots of the instant road are located on the upper part of the instant road, which is a slope, and the following is the relationship between the mountain, and its residents seem unable to go to the road under the virtue of the words, without passing through the instant road. On the right side of the instant road, there is a ditch in the land category to the extent possible for people to walk. However, since the instant road was packaged as above, it cannot be used as a passage any longer than the middle of its length due to the pentle, so from March 2014, the instant road has been used as the only passage of the residents of the neighboring three adjacent lots.
(3) "Land which is a constituent element of a general traffic obstruction" means land actually used for the traffic of the general public.