The prosecutor's appeal is dismissed.

1. In the event of the use of the road by the wife population J road (hereinafter “other road of this case”) in the light of the summary of the grounds for appeal, the use of the vehicle can only extend to the boundary of the land owned by E and cannot enter the land of E, and thus, it cannot be deemed that the instant other road of this case can enter the public road of E’s housing.

In addition, as indicated in the facts charged in the instant case, the person using the road in the part where the Defendant installed a pentice (hereinafter “instant boundary”) appears to be limited to the persons involved in the E and their families, and the construction in progress, but it does not prevent much and little of traffic-way visitors in general traffic obstruction.

Therefore, it can be seen that the place where the Defendant installed the fences falls under the “landway” of the general traffic obstruction.

In doing so, the court below found the Defendant not guilty of the facts charged of this case, which erred by misunderstanding facts and affected the conclusion of the judgment.

2. The summary of the facts charged in the instant case is the owner of land D in the wife population at the permissible time, and the victim E is the owner of F, G, or H land at the permissible time.

On July 23, 2017, the Defendant interfered with traffic by installing a gate on a road where the victim passes the general public due to defects in the construction of electric power supply housing in the vicinity of his/her own land, and thereby making it impossible for the Defendant to use the above road for the traffic of the general public.

3. Determination

A. The lower court determined based on the evidence duly admitted and examined by the lower court, and found facts as indicated in its reasoning, and held that the following circumstances, i.e., (i) the witness E’s legal statement and the investigative agency’s statement in the lower court and that there is no way to cover the boundaries of the instant case, (ii) the instant other road exists as another road allowing access to public service, and as long as the said road adjoins the land owned by E.