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The prosecutor's appeal is dismissed.
Reasons
1. The lower court determined that the road of this case was not a road used by other general public solely on the ground that the road of this case was provided for the passage of the house where D intended to move into the road. However, the lower court did so.
Even if the use of other general public is not limited, the road in this case is a land with public nature.
2. The additional prosecutor of the ancillary facts charged maintains the existing facts charged as the primary facts charged, and applied for the amendment of the indictment containing the same content as the statement in the conjunctive facts charged as stated in Article 314(1) of the Criminal Act, Article 314(1) of the Preliminary Application Act, and Article 4-A of the Preliminary facts charged, and this Court permitted this to be added to the subject of the judgment.
However, despite the above modification of indictment, the prosecutor's assertion of mistake or misunderstanding of the legal principles as to the primary facts charged is still subject to the judgment of this court, which will be examined below.
3. Judgment on the grounds for appeal by the prosecutor
A. The summary of the facts charged was that the Defendant sold the land used as a previous road connected with the instant house to the victim D, a director of the Gyeongbuk-gun’s housing located in the Gyeongbuk-gun, and was 6.5 million won of the said land while selling the said land.
As a result, if a person who intends to repair a house, fence, etc. before being paid KRW 370,00,00 to a director fails to pass the road, he/she is forced to suffer considerable damage because he/she could not normally perform repair work, and therefore, he/she would have to pay KRW 370,00 on behalf of the defendant without any choice, and was willing to interfere with the passage of the road.
The Defendant, from March 15, 2014 to April 14, 2014, set up a Defendant’s Trackter in the middle of the road in front of the housing located in the Ganbuk-gun C, and makes it impossible for the Defendant to pass the vehicle.