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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant’s misunderstanding of fact did not interfere with the passage of vehicles and horses and unspecified number of unspecified vehicles by slacks, slacks, etc.
B. Sentencing (the sentence of the lower court: a fine of KRW 500,000)
2. Determination
A. As to the assertion of mistake of facts, the purpose of obstructing general traffic safety under Article 185 of the Criminal Act is to punish all acts that make it impossible or considerably difficult to pass by interfering with traffic by means of damaging land, road, etc., or blocking with obstacles, etc., as a crime protecting the traffic safety of the general public.
2) The records revealed as follows: (i) before the instant case, there was no obstacle to the passage of the vehicle of the Gyeong-gun, Gyeong-gun, Gyeong-gun; (ii) before the instant case, the Defendant installed a hacker by cutting up several strings on the road; (iii) the safe tape installed on the boundary line of the land to make it considerably difficult to pass the road; and (iv) the Defendant was able to build the subsequent hacks.
However, as the decline has been narrowed by approximately 1.4m to narrow the width of the road, the general car seems to be unable to pass through, and the other places are likely to be likely to be at considerable risk when passing through the vehicle due to posts, and ④ the defendant was well aware of the ownership and use of the land in the above road zone, and in the process of purchasing the above road site, it is not to protect the rights of the person who has caused the dispute with D in order to protect his/her rights.
The act of this case appears to have been committed with the intention to obstruct the passage of D, etc. ⑤ The term “land access” in the crime of interference with general traffic under Article 185 of the Criminal Act refers to a place that is commonly used for the passage of the general public, namely, a place that has a public nature that makes it possible for the general public to freely pass through without limiting it to a specific person, and actually refers to a land access route that is commonly used for the passage of the general public, and the ownership relation or the right relationship of passage.