The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In light of the fact-finding or legal principles, the Defendant’s forest road to prevent traffic by installing a steel fence (hereinafter “ instant forest road”) is not a road for unspecified people’s passage, but a road for the purpose of entering the mountain of the gate members, and it does not constitute the land which is the object of the general traffic obstruction. Therefore, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

B. The lower court’s sentence of unreasonable sentencing (fine 2,00,000) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, general traffic obstruction under Article 185 of the Criminal Act is an offense in which the legal interest of the general traffic safety of the general public is protected, “the land access” refers to a place of public traffic, i.e., a place with public character where many and unspecified persons or motor vehicles and horses are allowed to freely pass through without limiting to a specific person (see, e.g., Supreme Court Decision 2005Do1697, Aug. 19, 2005). It does not include a relation with the ownership of the site, traffic right, or traffic right, or traffic congestion, etc. (see, e.g., Supreme Court Decision 2001Do6903, Apr. 26, 2002). Meanwhile, this offense is a so-called abstract dangerous crime where traffic is impossible or considerably difficult, and the result of traffic obstruction should not be practically caused.

(See Supreme Court Decision 2004Do7545 Decided October 28, 2005, etc.). The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e., the instant forest road, as alleged by the Defendant, was built for the purpose of entering the mountain of gate members, as alleged by the Defendant:

Even if the form of the road is a package for the passage of people, vehicles, and horses, and ② the Defendant himself installs a steel fence on the forest road of this case, the Defendant’s land is below the entire west-gun C, including the forest road of this case.