The prosecutor's appeal is dismissed.

1. The court below acquitted the Defendant of the charges of this case as to the Defendant’s traffic obstruction act, even though the Defendant dissatisfyd the instant farming roads with a length of about 50 to 60 meters, about 5 meters wide, and about 5 meters wide (hereinafter “the instant farming roads”) among the 5,382 square meters of dry field C in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the main point of the grounds for appeal. The court below acquitted the Defendant of the charges of this case as to the Defendant’s traffic obstruction act, even though it was possible for the Defendant to use the means of transportation, such as farming machines, and access only

2. 공소사실의 요지 피고인은 2010. 7. 23.경 이 사건 농로를 포크레인 등 건설장비로 파헤치고 그 위에 흙을 덮어 밭으로 일굼으로써 위 밭 위쪽에 위치한 밭 및 임야 내 묘지로 통행하던 D 종중(이하 ‘이 사건 종중’이라 한다) 일가 사람들 및 농사를 짓는 사람들이 통행을 하지 못하게 하여, 공중이 통행하는 육로의 교통을 방해하였다.

3. The lower court rendered a not guilty verdict on the facts charged on the ground that “this case’s farm road cannot be deemed as a road with a public nature for many unspecified persons as determined by the general traffic obstruction, and it is difficult to deem that the Defendant’s act makes it impossible or considerably difficult to pass through due to the Defendant’s act.”

4. The judgment of this Court

(a) Interference with general traffic under Article 185 of the Criminal Act is a crime of which the legal interest and protection of the traffic safety of the general public is the place where the traffic safety of the general public is used, i.e., a place where many and unspecified persons or vehicles and horses are able to freely pass through without limited to a specific person;

(See Supreme Court Decision 9Do401 delivered on April 27, 1999, etc.). B.

The judgment of the court below is not guilty, ① there is no person who resides inside the farm of this case, and the clan members of this case are limited to one year for the purpose of the clans.