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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.
Reasons
Summary of Grounds for Appeal
The road of this case (hereinafter referred to as "B") is the only passage through which the land can be entered into D, and in fact, there is a prefabricated building, which was used as a tool for inspection, and new roads passed through using the road of this case, and the defendant also consented to the passage of the owner of the above land.
Therefore, although the road of this case constitutes a road of public nature where many and unspecified persons, vehicles, and horses are allowed to freely pass, the court below acquitted the Defendant of the facts charged of this case on the ground that it is difficult to deem that the road of this case is a place of public character with which many and unspecified persons can freely pass through, and thereby, erred by misapprehending the legal principles,
Judgment
Legal doctrine is a crime of interference with general traffic under Article 185 of the Criminal Act, the term "landway" refers to a crime of protecting the safety of traffic in the general public. It refers to the wide passage of land actually used for the traffic in and out of the general public, and the ownership relation of the site, traffic rights relation, or a large number of persons passing through the road, etc. (see, e.g., Supreme Court Decision 2006Do8750, Feb. 22, 2007). In full view of the following facts and circumstances acknowledged by the original judgment of the court below and the trial court duly adopted and investigated by evidence, it is reasonable to deem that the road of this case falls under the "landway" actually used for the traffic in and out of the general public. It is recognized that the defendant installed a container of this case and obstructed traffic by walking a concrete package as a scke and digging down the land.
Therefore, the lower court’s determination that it is difficult to view the instant road solely based on the evidence submitted by the prosecutor that it is a place of public nature with which many and unspecified persons can freely pass.