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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal by the defendant;
A. Error of facts (as to the point of general traffic obstruction), the FF road in South-Namyang-gun (hereinafter “instant road”) is the ownership or actual ownership of the J corporation under the name of the Defendant and established for the development of the said company’s investors. Since the administrative agency ex officio changed its land category to the road, it does not constitute “land” under Article 185 of the Criminal Act, since it merely changes the land category to the road, it does not constitute a public sector where many unspecified
In addition, since the victim may have access to the factory operated by himself without passing through the road of this case, the defendant's parking of the cargo vehicle on the road of this case alone does not constitute a general traffic obstruction, but it is erroneous that the court below found the defendant guilty of this part of the charges.
B. The lower court’s sentence of unfair sentencing (two years of suspension of execution in six months of imprisonment and one million won of fine) is too unreasonable.
2. Determination
A. (1) In full view of the following circumstances acknowledged by the evidence duly adopted and investigated, the lower court determined that the instant road constitutes “land” as provided in Article 185 of the Criminal Act, and that this part of the facts charged is guilty.
① The instant road is the only passage through which D’s factory can be used by vehicle, and it must go through the instant road in order to go to a public road in a D’s factory.
② The instant road has been used for many and unspecified traffic, such as village residents, as it is in a general form of road, which is packaged as cement, and is also connected to other passages.
③ The Defendant was parked in D’s factory only by allowing the passage of large vehicles and allowing the passage of other vehicles. Even according to the Defendant’s statement, the instant road is used for vehicle traffic.