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The defendant's appeal is dismissed.
Reasons
1. The Defendant asserts that the instant traffic route does not constitute a general traffic obstruction because it is not a main entrance to and exit from D’s house located on the ground of the Gyeongnam-do, Gyeongnam-do, Busan-do, but a general traffic obstruction is not established because it does not pass by the general public.
2. Determination
A. The purpose of Article 185 of the Criminal Act is to punish all acts of causing damage to or influence of land, etc., or causing disturbance to traffic by other means, and thus making it impossible or considerably difficult to pass through by causing damage to or influence to traffic safety of the general public (see Supreme Court Decision 95Do1475, Sept. 15, 1995). The term “land” here refers to the wide passage of land actually used for the traffic of the general public, and the ownership relation of the site, traffic right, or traffic right, or traffic congestion is not prohibited (see Supreme Court Decision 9Do1651, Jul. 27, 199). In addition, general traffic obstruction is a so-called abstract dangerous crime, in which traffic is impossible or substantially difficult, and it does not have to cause actual result of traffic obstruction.
(See Supreme Court Decision 2004Do7545 Decided October 28, 2005). B.
Judgment
In addition to the above legal principles, the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the passage of this case was established in accordance with H and I in Gyeongnam-gun, Gyeongnam-gun, the defendant asserted that the passage of this case was purchased, and the passage of this case is connected to D's house aftermath, plastic houses, and internal rivers; ② neighboring village residents and visitors appear to use the passage of this case as the access road to the land for the purpose of cutting a vinyl or cutting a ceiling, it is reasonable to view that the passage of this case was actually used as the access road of this case for the purpose of general public traffic.