The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that farming roads in both cities C (hereinafter “the instant land”) fall under “land” under Article 185 of the Criminal Act. Thus, it constitutes a crime of interference with general traffic, but the judgment of the court below which acquitted the Defendant of the facts charged in this case is erroneous in the misapprehension of facts, thereby affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case was, from around 207 to around March 13, 2013, the Defendant cultivated crops by fasting and shoting the land, claiming that he/she is his/her own land, installed five strings (12m in diameter, 1m in height) and installed a large number of stones to interfere with traffic on the land for public use.

B. The lower court determined as follows: (a) it is difficult to view the way on which the Defendant installed a hacket and a large stone as “land” as prescribed by the general traffic obstruction; and (b) determined that the instant facts charged constitute the case where there is no proof of criminal facts.

C. According to the records of the first instance judgment, although the vehicle was a way to pass through the instant land from around 2000 to around 2003, the Defendant developed the instant land into dry field and cultivated crops around 2004. When the Defendant filed a civil petition on around March 2012 that the Defendant occupied the instant land without permission, which was a State-owned land, the two weeks ordered the Defendant to restore the land to the original state. Accordingly, the Defendant again measured the instant land, marked a land to bright up, and restored the instant land to the road on March 8, 2013; thereafter, the complainant extended the road on the instant land on March 8, 2013; the Defendant thought that the soil and stone fell into D and J land on the instant land owned by the Defendant at the time of Yangju-si; and the fact that the Defendant installed the cadastral map and the cadastral map of this case on May 2, 2013.