The judgment of the court below is reversed.

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

1. Summary of grounds for appeal;

A. The road of this case of mistake of facts is not used as the passage of village residents at least after 2007, and it is merely used for a limited period after receiving the user fee from H, and thus does not constitute the land stipulated in Article 185 of the Criminal Act, but the judgment of the court below which convicted the Defendants of the facts charged in this case is erroneous in the misapprehension of facts.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 4 million on the Defendant) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is as follows: “In collusion with Defendant C and A on April 2013, 2013, the Defendant 1.95m high on the instant road and 20m high on the length of 1.95m high on the instant road and the instant pentle gate with a mix of 20m high on the instant road; Defendant C and B conspired with each other on June 2013, thereby interfering with each traffic by installing cement packed on the road.”

B. The lower court determined that the instant road was used as a passage from around 1970 to the point of view of the evidence duly adopted and examined, and that L was purchased from F, the former owner, to use as a passage of the construction vehicle, and around 2003, the packing work was conducted, and the Defendants installed the instant road, but Defendant A received money from H in around 2012 and removed pents for the passage of construction vehicles, etc., and subsequently, the instant road was found guilty of the Defendants on the grounds that the instant road was a land with a public character for an unspecified number of people, vehicles, and horses, on the ground that village residents passed again.

C. (1) The general traffic obstruction under Article 185 of the Criminal Act is an offense, the legal interest of which is the general public’s traffic safety, and damage by land or by fire.