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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is that the land on which the defendant prevented the passage of the vehicle is limited to the land permitted only to C who is the owner of the D at the time of the strike by agreement, and does not constitute the “land” of interference with general traffic freely passed by the general public.
2. The Defendant alleged the same purport in the lower court, but the lower court rejected the Defendant’s assertion and convicted the Defendant of the instant facts charged.
Interference with general traffic under Article 185 of the Criminal Act is an offense that protects the traffic safety of the general public, with the aim of punishing all acts making it impossible or remarkably difficult to pass by interfering with traffic by damaging land, road, etc. or blocking by obstacles.
Here, the term "landway" refers to a place provided to the general public for traffic, that is, a place of public nature in which many and unspecified persons or persons are allowed to freely pass through without any specific person.
Even in cases where a person using a road is small, it may constitute the land stipulated in the above provision, but a road that passes through with the temporary permission from the owner of the land with another road allowing access to the public road, or is merely a place where the owner of the land uses it individually and uses it as an impliedly, does not constitute the land stipulated in the above provision (Supreme Court Decision 2016Do12563 Decided April 7, 2017). According to the evidence duly adopted and examined by the court below and the court below, the following facts may be acknowledged. In full view of the above acknowledged facts, it is reasonable to deem that the road in this case constitutes the “land” as the land passage of the general public, and therefore, this part of the defendant’s assertion is without merit.
① On July 25, 2011, the name of the administrative district was changed to K on July 25, 201, B forest land No. 366 square meters (a change in the name of the administrative district, the “JJ” was changed to “K in Pakistan,” and the “instant case.”