The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of the charges of this case on the ground that the Defendant: (a) parked an agricultural track on the land located in the Haan-gun, Haan-gun (hereinafter “instant land”); and (b) did not neglect on the road the passage of a vehicle on the road adjacent to the said land (hereinafter “road”), or did not interfere with the passage of vehicles; and (c) did not neglect to the road any goods that could interfere with traffic; and (d) the lower court erred by misapprehending the facts and adversely affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

가. 사실오인 주장에 관한 판단 원심이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정들을 종합하여 보면, 피고인이 공소사실 기재와 같이 위 트랙터의 로타리 부분을 지상에서 약 40cm를 들어 올려 비스듬히 주차하여 위 로타리의 뾰족한 끝 부분이 이 사건 통행로를 침범함으로써 교통에 방해가 됨을 충분히 인정할 수 있으므로, 피고인의 사실오인 주장은 이유 없다.

① The passage road of this case was opened between the land of this case and the land above N orO (see, e.g., evidence records 171 pages), and around 30 years prior to the Saemaul Project, the passage road of this case was maintained by the Haban-gun, as part of the Saemaul Project, by performing the construction of the asphalt package and drainage with the consent of the landowner of this case.

(Evidence Records 120-125, 127-132, 150 pages). (2) The passage route of this case is used by residents of the above town village and neighboring village for access to a restaurant, a “L” temple, a nearby factory, a house, etc.

(Evidence Records 57 pages, 67-68 pages). (3) The Defendant purchased the instant land on or around January 201 and knew that part of the instant land was incorporated into the instant passage, but did not receive compensation, from April 201 to May 2012.