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The defendant's appeal is dismissed.
Reasons
1. The road located on the D’s land (hereinafter “instant road”), which is owned by the branch of the C branch of the grounds for appeal, is located on the following grounds: (a) the village residents used the said D land as the land; (b) but the village residents could enter the village through K and L forest, etc.; (c) as such, even if the Defendant installed container stuffs, etc. on the instant road on May 20, 2014, it does not constitute a general traffic obstruction.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.
2. The crime of interference with general traffic under Article 185 of the Criminal Act refers to a crime of protecting the traffic safety of the general public as a legal interest. The term "land passage" refers to the land passage widely used for the traffic safety of the general public. It does not go through the ownership relation of the site, the relation of the right and the right of the traffic, or the traffic of the traffic users, and even if the new road is opened by the old road, it still constitutes a interference with general traffic as long as the old road falls under the "land passage" under Article 185 of the Criminal Act (see Supreme Court Decisions 9Do1651, Jul. 27, 1999; 2001Do6903, Apr. 26, 2002). The following circumstances acknowledged by the evidence duly adopted and investigated by the court below are the interference with the traffic safety of the general public.
① The present status of the instant land is as indicated in the attached drawings.
In the northwest of the land of this case, the farmland is formed towards the northwest of the land of this case.
② In order to move to a village located outside the northwest of the instant land into M forest, the road of this case must pass from the road located in the L forest (attached Form 3-2-1). The road of this case is a road with a size of 2-2.5m wide packed with concrete.