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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is as shown in the judgment of the court below that the part where the defendant parked the van and the 1t cargo vehicle among the land in Yangju P (hereinafter “P”) in Yangju P (hereinafter “P”), as stated in the judgment of the court below, is the place where the defendant was used in front of the house of the defendant. Since the part where the Tractor parking the Tractor was originally used as the Track storage of the defendant's stock farm and house, or as the Track parking lot after the defendant removed the above warehouse, it does not constitute "land access" as referred to in the obstruction of general traffic
Notwithstanding the fact that there is another passage through which a person is allowed to enter his stock farm in E from his service, the complainant sought to pass a 25t dump truck on the Defendant’s private land solely on the ground that it is difficult for the complainant to return to the above place, so the complainant’s act becomes impossible or considerably difficult for the general traffic.
shall not be deemed to exist.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.
2. Determination
A. The purpose of Article 185 of the Criminal Act is to punish any act that causes damage to, causes damage to, or makes it difficult to pass through, the road or obstructs the traffic by any other means, and thereby significantly restricting the width of a vehicle before it constitutes a crime of interference with general traffic (see Supreme Court Decision 2008Do10560, Jan. 30, 2009). Here, the term “land access” refers to a land passage widely used for the traffic of the general public, and thus, the term “land access” refers to a land passage widely used for the traffic of the general public. It is related to the ownership of the site, the right of passage, or the right of the road.