The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since a mistake of facts or misapprehension of legal principles is not used by the general public, it does not constitute “land” as provided by the general traffic obstruction.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. As the court below made a decision on the assertion of mistake of facts or misapprehension of legal principles, the general traffic obstruction under Article 185 of the Criminal Act refers to a place of public traffic safety, namely, a place of public traffic safety, where many and unspecified people, vehicles, and horses are allowed to freely pass through without limiting to a specific person, and as long as it is recognized as land, the ownership of the site or the traffic right relation or the passage relation or the passage of many and hostile persons are not neglected.

(2) According to the evidence duly adopted and examined by the court below, the road of this case is used by not only by those who embling a farmer but also by those who manage graves installed in the vicinity of the road, but also by those who pass through the road of this case. The road of this case is a concrete package, so it is possible to pass the vehicle on the road of this case, and the road of this case is a road name "C", and the village residents did not raise any objection to the defendant's act, due to the relation with the defendant, but also by causing inconvenience to the use of the road of this case.

According to the above facts, the road of this case is the public nature where many and unspecified persons, vehicles, and horses are allowed to freely pass.