The defendant shall be innocent.

1. The summary of the facts charged is a person who owns dry field (1,441 square meters) in B in the name of Si/Gun/Gu, and D is a person who passes through access roads of about 20 meters in length (3 meters in width) in B residing in E.

On January 2018, 2018, the Defendant: (a) mobilized sckes to sckes on the ground that the access road to D’s house E was one’s own land; and (b) laid down sckes on the roads.

Therefore, the Defendant interfered with the traffic of access roads in the above way.

2. The purpose of Article 185 of the Criminal Act is to punish any act of causing damage to or infusing land, road, etc. or significantly obstructing traffic by causing damage to or infusing land, etc. or other means as a crime of interfering with general traffic safety under the legal interest protected by the said Act. The term "land access" refers to a place of public traffic by the general public, i.e., a place of public nature in which many and unspecified persons, vehicles, and horses are allowed to freely pass through, without limiting to a specific person.

(Supreme Court Decision 2009Do1376 Decided 25, 2010. The following circumstances revealed by the evidence duly adopted and examined by this Court, ① the road at issue is a dead-end access road connected only to D’s house, ② only his/her family members or minority visitors have used the road, ③ there is no other person using the road, ③ there is no other person using the road and the current status of the surrounding land, etc., based on the evidence submitted by the prosecutor alone, it is difficult to view the road at issue as a place of public nature where many unspecified persons or vehicles and horses are allowed to freely pass through.

3. The facts charged in the instant case constitute a time when there is no proof of crime, and thus, the Defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.