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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) of the road of this case was leased by the defendant as the exclusive road for the mine, so the defendant is allowed to restrict his access, and the passage of the road of this case was obstructed by the defendant.
Although the judgment of the court below cannot be seen, the defendant recognized the establishment of a general traffic obstruction crime.
Therefore, the court below erred by misunderstanding the facts and misunderstanding the legal principles.
2. Determination
A. On June 21, 2013, the Defendant of the instant facts charged: (a) set up a hacker column on both sides of a mine with a width of 5 meters wide from Gyeongjin-gun, Chungcheongnam-do; and (b) opened the two hacker column with a hacks with a hacks; and (c) prevented the use of the said road to the mine of operation of E in D; and (d) obstructed passage through land.
B. Although the lower court also asserted that the Defendant was similar to the above argument, the lower court rejected the Defendant’s assertion on the following grounds: (a) the lower court stated detailed reasons from No. 3 to No. 5, No. 3, and No. 17, respectively.
(c)
1) The following facts are acknowledged according to the evidence duly adopted and examined by the lower court and the first instance court.
A) I Co., Ltd. (the complainant E is the management owner.)
The Defendant owns a mining right up to October 31, 2034 (hereinafter referred to as “the site of the mining area of this case”) in Samgjin-si, Seoul Special Metropolitan City (hereinafter referred to as “Defendant-owned land”) with respect to 1/2 of the ownership transfer on August 27, 2007, and completed the registration of ownership transfer on August 30, 2008 with respect to the remainder of 1/2 of the 4,860 square meters (hereinafter referred to as “Defendant-owned land”), and the Defendant is the permitting permitting authority to use the mountain area adjacent to the Defendant’s land.
B) The instant mining area is surrounded by another person’s land, such as State-owned land, etc.