The prosecutor's appeal is dismissed.

1. The gist of the prosecutor’s appeal (definite or misunderstanding of legal principles) constitutes “land access” of general traffic obstruction, and even if the Defendant sufficiently recognized that he obstructed the victim’s work, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby acquitted all of the charges of this case.

2. Determination:

A. As to the general traffic obstruction, the purpose of Article 185 of the Criminal Act is to punish all acts of causing damage to or infusing land, road, etc. or obstructing traffic by other means, and thus making it impossible or considerably difficult to pass through by causing damage to or infusing land, etc. as a crime under the legal interest protected by the law of the general traffic obstruction. The term "landway" refers to a place of public traffic obstruction, that is, a place of public nature in which many and unspecified persons, vehicles, and horses are allowed to freely pass through, without limited to a specific person.

(2) In light of the above legal principles, the court below's determination of not guilty of this part of the facts charged is justified on the ground that the passage of this case is difficult to be deemed a road with public nature for many unspecified persons as determined by the general traffic obstruction, based on the circumstances as stated in its holding, and there is no error of misapprehending the legal principles as alleged in the grounds for appeal.

B. As to the obstruction of business, the following circumstances acknowledged by the above evidence, namely, ① the Defendant purchased the entire passage of this case from J on January 29, 2001 and July 10, 2003, ② the Defendant used the passage of this case from July 2002 to the customer and vehicle access, while operating Gelher from July 2002. On the other hand, Del from March 28, 2002 when the auction procedure on the building and its site was commenced, the victim and its husband were below H.