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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the evidence submitted to the summary of the grounds for appeal (misunderstanding of facts), it can be recognized that the traffic of vehicles, etc. became impossible because the width of the existing road used by the village people has decreased due to the steel pents as stated in the facts charged in the instant case.
Nevertheless, the lower court rendered a not guilty verdict on the facts charged of this case, and the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination:
A. The summary of the facts charged in this case was that the Defendant purchased the land of 112 square meters in 2009, who had previously been using the said land by the village, but had been around 40 years prior to the said land, the Defendant constructed a debt collection on the road and instead constructed a road that can be used by village users by the edge of the said land.
However, recently, the complainant D had a string with the Defendant during the process of expanding the entry road while building a house in the above wife. On October 15, 2016, the Defendant installed a steel fence in a size of 1.5 meters high and 5 meters wide on the ground that concrete roads in the width of 2 meters used by village residents at the above site as the passage road are owned by themselves.
Accordingly, the Defendant interfered with the traffic of roads used by village users.
B. Examining the following circumstances acknowledged by the records of this case in light of the legal principles of general traffic obstruction, the lower court found the Defendant not guilty of the facts charged of this case on the ground that it is difficult to deem that the Defendant’s act of installing a steel pents did not obstruct traffic, thereby making it impossible or considerably difficult to pass through, or making it difficult, by obstructing ordinary traffic obstruction.
1) On January 2009, the Defendant purchased a 112m2 square meters of land in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do, Gyeong-do, and villages in the above land.