일반교통방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the road in the facts charged that the Defendant obstructed the traffic of girls and hacks constitutes “land” where many and unspecified persons, vehicles, and horses can freely pass through, but the judgment of the court below which acquitted the facts charged of this case on a different premise is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. The lower court determined that, in light of the following: (a) the road at issue is a dead-end access road connected only to D’s house; (b) only his/her family members or visitors have used the road; (c) there are no other persons using the road; and (d) the current status of roads and surrounding land verified by photographs, the evidence presented by the prosecutor alone cannot be deemed as falling under the place of public nature, i.e., where many and unspecified persons or vehicles and horses are allowed to freely pass.
Examining the reasoning of the judgment of the court below in comparison with records, the above judgment of the court below is just and acceptable, and there is no error of mistake of facts alleged by the prosecutor.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.