The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles have been established on the access road of this case, but this does not reach the extent of making it impossible or considerably difficult to access the access road. There was no intention to obstruct general traffic or interfere with business.

B. The sentence imposed by the lower court on the Defendant (a fine of four million won) is too unreasonable.

2. Determination

A. 1) Determination of mistake of facts and misapprehension of legal principles is an offense involving general traffic obstruction under the benefit and protection of the law, and the purpose of which is to punish all acts making it impossible or considerably difficult to pass through by causing damage to or infusing land, etc. or by other means (see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 1995). Here, the term “land” refers to the land passage which is actually common use for the passage of the general public, and the ownership relation of the land, traffic rights, or traffic rights, or heavy and timely noise, etc. are not prohibited (see, e.g., Supreme Court Decision 2001Do6903, Apr. 26, 2002). Moreover, the court below’s determination of the following facts should be based on the evidence of this case’s approach to the 6th square meters of land on which the general traffic obstruction was lawfully connected with the 6th square meters of land (see, e.g., Supreme Court Decision 2007Do485.