The defendant shall be innocent.

1. The summary of the facts charged: (a) on May 15, 2014, the Defendant brought a stone tower on the roads located in the private land owned by the Defendant, and prevented vehicles from normally proceeding at the middle of the road, on the grounds that, on the grounds that, on the roads located in the private land owned by the Defendant, the village users are getting on and off a vehicle; and (b) the Defendant was set up at the middle of the road.

Accordingly, the defendant interfered with the traffic of the land.

2. Determination

A. The purpose of interference with general traffic under Article 185 of the Criminal Act is to punish all acts that make it impossible or considerably difficult to pass through by causing damage to or influence of land, etc. or interference with traffic by other means. Here, the term "land passage" refers to the land passage widely used for the traffic of the general public, and it does not include ownership of the site, the relation of traffic, or the relation of the right and the right of passage, or the right and interest of traffic, or the hostile, etc., but it refers to a place of public nature with which an unspecified number of and unspecified persons or horses may freely pass through without any specific person (see, e.g., Supreme Court Decision 9Do401, Apr. 27, 1999). B. Examining the following circumstances acknowledged by evidence duly adopted by the court in light of the aforementioned legal principles, it is difficult to view that the road of this case is a place with public nature where an unspecified number of vehicles can freely pass through the road of this case.

(1) On December 3, 2003, the Defendant acquired the ownership of the instant road. The instant road was packaged in the parking lot front of the restaurant operated by the Defendant, and the instant road was packed in the asphalt. On around 2014, vehicles, other than vehicles visiting the restaurant operated by the Defendant on the ground that the instant road was owned by the Defendant, are passing through the instant road.