The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, farming roads established on the land owned by the Defendant located in the Namyang-si, Namyang-si (hereinafter “the farm roads in this case”) are part of the entire farm roads, and for the convenience of each landowner due to division, they were established on the land owned by each owner, and they were not for unspecified passage, and they were not used as residents’ books, and they do not constitute “land roads”, which is the element for the obstruction of general traffic.

B. In light of the legal principles, the Defendant’s act constitutes a lawful defense, legitimate act, or self-help act, and thus, illegality is dismissed. As such, the Defendant’s act constitutes a lawful defense, legitimate act, or self-help act, and thus, constitutes a tort on the part of the Defendant.

(c)

Sentencing is unfair because it is too unreasonable to impose punishment (3 million won) by the lower court.

2. Determination

A. Determination as to the assertion of mistake of facts is a crime that interferes with general traffic under Article 185 of the Criminal Act’s legal interests protected by the protection of the general public’s traffic safety, and its purpose is to punish all acts that make it impossible or considerably difficult to pass through by causing damage to land, etc. or interference with traffic by other means. Here, “land” refers to the land passage through which is actually common use for the traffic of the general public, and the ownership relation, traffic relation, or traffic relation or traffic relation of the person is too large and fit (see, e.g., Supreme Court Decision 2007Do717, Dec. 28, 2007) and the lower court’s judgment and the trial court’s judgment recognized by evidence duly adopted and investigated by the court below, i.e., the following circumstances acknowledged by the evidence, i., e., H 19,08 square meters of land remaining at the time of division by non-G and non-party 8, which were divided into non-divided land.