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The defendant's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal (the scenario) is that the above road (hereinafter “the road in this case”) is a passage for only the users of the above land owned by the Defendant, and the road in this case also has the passage to and from the north of land L (M) and K. Thus, the road in this case does not constitute the land which constitutes the elements for general traffic obstruction.
Nevertheless, the judgment of the court below convicting the charged facts of this case is erroneous in the misapprehension of legal principles and affecting the conclusion of judgment.
2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the grounds for appeal, it is reasonable to view that the Defendant interfered with the traffic of the instant road, which is the land owner. Therefore, the lower court did not err by misapprehending the legal doctrine
Therefore, the defendant's assertion is without merit.
1) The road of this case is an access road located on the D(E) land owned by the Defendant. From this case, the aforementioned D, F (G), H residents of this case, the residents of H, and the persons forming a smuggling farmer's house at this place, persons, and visitors using private houses have been using it as the road. 2) The neighboring land of this case is a relation where most of the land around the road of this case was used as a fast field, and a stone fence is installed or a storm-proof is planted, and it is difficult for people living therein to go through the road of this case without passing through the road of this case. However, there is no way to walk from the road of this case, but it is determined that the road of this case has been used as the only way to pass through the road of this case since the entrance or width of the road of this case is narrow, or there is no way to use the road of this case.
3. The term "land which is a constituent element of a general traffic obstruction" means the traffic of the general public.