The prosecutor's appeal is dismissed.

1. Interference with the general traffic obstruction and business by the gist of the grounds for appeal is not identical to the facts charged, since the protection of the legal interests and nature of the crime are significantly different, it shall be deemed as substantive concurrent relation.

However, the judgment of the court below that held that the res judicata effect of a summary order on the obstruction of general traffic in the final and conclusive relation is also against the facts charged of the obstruction of the business in this case, which affected the conclusion of the judgment by misapprehending the legal principles.

2. On February 2, 2017, the lower court determined that the res judicata effect of the summary order (Seoul District Court Branch Decision 2016 High Court Decision 8090 High Court Decision 201Da8090) on the instant crime of interference with general traffic in the ordinary concurrent relationship with the instant crime of interference with the business, on the ground that once the summary order was finalized on February 2, 2017, the res judicata effect of the said summary order also on the instant crime of interference with the business, was acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure

According to the evidence duly adopted and examined by the court below, the defendant was found to have committed a crime of obstruction of general traffic and obstruction of business of this case by preventing cement paths using a tree swel, stone, etc.

This is a case where one act substantially satisfies several composition requirements, and there is a common competition relationship under Article 40 of the Criminal Code.

It is reasonable to view it.

Therefore, the judgment of the court below is just and acceptable, and there is an error of law by misunderstanding the legal principles as pointed out by the prosecutor.

subsection (b) of this section.

Therefore, this part of the prosecutor's argument is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.