2. Determination

A. Legal doctrine is a crime of interference with general traffic under Article 195 of the Criminal Act, the legal interest of which is the protection of the law for the safety of the general public’s traffic, and the term “land access” refers to a place of public access to the general public, a place of public access, and a place of public nature in which an unspecified number of people, a vehicle, or a horse

Therefore, it is reasonable to examine whether access roads (hereinafter “the passage of this case”) by the defendant on the ground of the nature of “land” under Article 185 of the Criminal Act is applicable to “land” under Article 185 of the Criminal Act (see, e.g., Supreme Court Decisions 2009Do13376, Feb. 25, 2010; 83Do2617, Sept. 11, 1984).

B. According to the evidence duly admitted and examined by this court, the passage of this case was established 30 years prior to the construction of a new house in the Chungcheong Donsan-gun and used as an access road by the networkF. D around October 29, 1986, purchased the above C house and used the passage of this case as an access road to the above house located in a place where the passage of this case is obstructed from around that time. The passage of this case was around 1997 as part of the farming and fishing field foundation construction and around 30m in length and 2.5m in width. The passage of this case was only used by only the residents of the above house and the persons who have a building for the above house, and it was mainly used by D and D couple because there was no house or land connected to the passage of this case other than the above house, and the defendant had been mainly used by D and D children since around 12 years prior to the house of this case. < Amended by Act No. 12131, Dec. 31, 2012>