The prosecutor's appeal is dismissed.

1. In full view of the evidence presented by the prosecutor to the gist of the grounds for appeal, it is reasonable to deem the road stated in the facts charged of this case to be offered for public passage and constitutes the land stipulated in Article 185 (General Traffic Obstruction) of the Criminal Act. However, the judgment of the court below which acquitted the Defendant of the facts charged of this case on a different premise is erroneous in the misapprehension of facts or in the misapprehension of legal principles

2. Determination

A. Based on the circumstances stated in its reasoning, the lower court acquitted the Defendant on the facts charged of the instant case on the ground that it is insufficient to view the instant road as falling under “land access” offered to the general public at a place of public character having a public character that is freely available for the passage of many and unspecified persons, vehicles, and horses.

B. Examining the above judgment of the court below in light of the records, the court below's decision on the charge of this case is just and acceptable, and there is no error of misconception of facts or misunderstanding of legal principles as alleged by the prosecutor.

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