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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal by the defendant and his defense counsel
A. On March 16, 2015, the Defendant: (a) installed a steel fence with a height of approximately 1.2 meters and about 10 meters in length (hereinafter “instant fence”) on the front packing road of the Defendant’s house (hereinafter “the instant road”); (b) the Defendant was at the location of indicating the boundary between the land owned by the Defendant and the neighboring land; and (c) even after the steel fence was installed, the Defendant was able to walk the instant road; and (d) even after the steel fence was installed, the Defendant did not constitute traffic obstruction. Therefore, the Defendant’s construction of the instant fence on the instant road does not constitute traffic obstruction.
Nevertheless, the court below found the Defendant guilty of the facts charged of this case and erred by mistake.
B. In light of the fact that, upon receiving D’s complaint, the illegal defendant moved the fence of this case to a 2m 42mm width of the part allowing the passage of the road of this case immediately, there is almost no person using the road of this case, and the public nature of the road of this case is weak; the defendant is more than 70 years old and is making it difficult for the defendant to receive living subsidies from the State; and the defendant has no record of criminal punishment except for a violation of the Private Teaching Institute Act of September 30, 1975, which was sentenced to a fine of KRW 50,000, the sentence of the court below is too unreasonable.
2. Determination
A. The purpose of the crime of interference with general traffic in determining the assertion of fact is to punish all acts that make it impossible or considerably difficult to pass by causing damage to or infusing land, etc., or interfering with traffic by other means, and the term “land” here refers to a wide range of land passage that is actually common for the traffic of the general public, and is the ownership relationship of the site or the relation of right and duty.