The defendant's appeal is dismissed.

1. The summary of grounds for appeal;

A. The dump truck of Aju Industry Co., Ltd. (hereinafter “Aju Industry”) was unable to pass through, as the dump truck had already been brought by the Defendant at another point of the road indicated in the facts charged of the instant case (hereinafter “the instant road”).

The defendant laid off the excavation as shown in the facts charged of this case.

In addition, there is no risk of infringing or infringing new legal interests.

B. The dump truck of the 2st claim 2 was using the south forest road installed by the KS Forestry Corporation (hereinafter “the south road of this case”), and the Ariju industry had not shipped aggregate before December 2015.

The Defendant did not interfere with the passage of dump trucks in the Asian industry.

(c)

3 The dump truck in the Ariju industry was already passed through the south side of this case, and the dump truck in the Ariju industry was still passing through the south side of this case, which was obstructed by other points of the instant road.

In addition, according to the certification of the contents sent by Korea-China industry, the operation is terminated as of September 30, 2015, and all aggregate shipped out as of October 3, 2015.

In addition, the defendant moved to the location to repair the excavation of this case, and the head of the road team visited the south-gu Office of the Dong-gu, Yanan-si to explain that the category of the road of this case is forest and private land, and thus, the owner's land use should fall to use the road as a road.

Therefore, the defendant did not have any intention to obstruct the passage of dump trucks in the Asian industry.

2. Determination

A. 1) As to the allegation No. 1, the lower court’s determination is based on the section where traffic obstruction is not impeded at another point of the road, even if it had already been committed at a certain point of the road.