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The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The gist of the grounds of appeal is that the access road in this case is not a land through which many and unspecified persons can freely pass, but it is not an object of the obstruction of general traffic since it has already lost its usefulness as a road, and the Defendant opened a substitute road for traffic, and thus, the Defendant’s act of blocking the access road does not constitute a obstruction of general traffic, and thus, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case is that the Defendant is the representative director of the corporation D, which owns a share of 5,125 square meters in the area of 9,124 square meters in the land in the Geum-gu, Busan. On February 19, 2016, the Defendant interfered with the passage of access roads by installing a wire network at approximately 120 meters in the entrance and surrounding areas of the above access road and surrounding areas of the access road on the ground that the access road leading to the Busan Geum-gu E-gu, Busan, F field, G field, and H field used by village residents for at least ten years from the above forest and field around February 19, 2016 is included in the said forest and field, and that the village residents pass through without paying any toll.
B. According to the evidence of the court below, the court below found that the access road of this case was used by many unspecified persons, including village residents for at least ten years, and on the other hand, since it did not have the utility of the road of this case even if a substitute road was established, it constitutes a crime of interference with general traffic as long as it obstructed traffic without support. The court below found the charge of this case guilty.
(c)
1) The purpose of Article 185 of the Criminal Act is to prevent interference with general traffic safety under Article 185 of the Criminal Act is to punish all acts making it impossible or considerably difficult to pass through by causing damage to land, road, etc., or interfering with traffic by other means.