The defendant shall be innocent.

As the head of the C church management office in Seodaemun-gu Seoul Metropolitan Government, the Defendant of the public hall of the public hall is the head of the C church, who is the owner of the above church, intended to purchase the E F land adjacent to the above land (hereinafter “instant adjacent land”) and manufacture the said church’s “G”, but it was impossible to purchase the land because there was no agreement on the purchase price. On December 2015, 2015, the Defendant obstructed traffic by installing and correcting a steel door equivalent to 6 meters wide on the D road (hereinafter “instant road”) located within the said church’s land owned by the above E, which was located within the said church (hereinafter “instant road”).

Maz.

(a) Obstruction of general traffic under Article 185 of the Criminal Act is an offense that protects the traffic safety of the general public, with the purpose 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;

The term "landway" refers to a place of public traffic provided to the general public, that is, a place of public nature in which many and unspecified persons, motor vehicles, and horses are able to freely pass.

Even in cases where a person using a road is small, it may constitute land stipulated in the above provision, but a road with another road having access to a public road, passing through with a temporary approval from the owner of the land, or merely a place where the owner of the land uses it as a personal person and uses it, does not constitute land stipulated in the above provision (see, e.g., Supreme Court Decision 2016Do12563, Apr. 7, 2017).

In full view of the following circumstances revealed by the record, the road of this case is incidental to the use by Cridge for its members.