The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. According to the evidence submitted by the prosecutor, the ground of appeal is based on the land stipulated in the facts charged by the general traffic obstruction.

2. The summary of the facts charged is that, from around 22:00 on November 10, 2017 to around 11:30 on November 11, 2017, the Defendant indicated “Seoul-si Baon” in front of Pyeongtaek-si Ba as the former parcel number, the Defendant refers to “Yyeong-si Baon” and refers to a part of the land in the Republic of Korea, such as the land in which the Defendant owns Pyeongtaek-si Y.

In this regard, it was impossible to pass the roads that many unspecified people pass through using vehicles and Rabs, etc. on the ground that they are their own private land.

Accordingly, the defendant interfered with multiple unspecified passage.

3. The lower court determined that the evidence alone submitted by the prosecutor alone cannot be deemed as having proved beyond a reasonable doubt that the road as stated in the facts charged constitutes the land of the general traffic obstruction, and thus acquitted the facts charged.

4. Judgment of the court below

A. The purpose of Article 185 of the Criminal Act is to punish all acts that make it impossible or considerably difficult to pass by interfering with traffic by destroying land, road, etc., or blocking traffic through obstacles, which are crimes protecting the general public’s traffic safety.

Here, the term “landway” refers to the land passage widely used for the traffic of the general public, and it refers to a place of public nature in which many and unspecified persons, motor vehicles, and horses are allowed to freely pass, without limited to a specific person, and as long as it is recognized as land, the ownership of the site, the relationship of traffic rights, or the large and large number of traffic visitors, etc. are not prohibited.

On the other hand, while there is another road that can enter the public road, it is necessary to pass through with the consent of temporary use from the land owner, or the land owner uses it individually.