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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the road in this case (hereinafter referred to as the “road in this case”) is provided as the only passage to and from the land adjacent to the road in this case by the village residents, and therefore, it constitutes the “land” as provided in Article 185 of the Criminal Act regardless of the enemy’s size, and thus, it cannot be deemed as the “land,” and the judgment of the court below which acquitted the village residents as to the facts charged in this case is erroneous in the misapprehension of legal principles and erroneous in the misapprehension of legal principles.
2. Determination
A. The purpose of the crime of interference with general traffic under Article 185 of the Criminal Act is to punish all acts making it impossible or remarkably difficult to pass by by causing damage to or infusing land, road, etc. or interfering with traffic by other means. The term “land access” refers to a place of public traffic by the general public, namely, a place of public character in which many and unspecified persons, vehicles, and horses are allowed to freely pass by, without limiting to, a specific person.
(see, e.g., Supreme Court Decision 2009Do13376, Feb. 25, 2010). Meanwhile, in criminal proceedings, the prosecutor’s evidence of criminal facts is presented to the prosecutor. Even if the defendant’s appeal is unreasonable and the defendant’s appeal is false, it cannot be disadvantageous to the defendant. The proof of criminal facts requires the judge to have high probability to the extent that there is no reasonable doubt, and if there is no evidence to form a conviction to the extent that there is no reasonable doubt, the suspicion of guilt is against the defendant even if there is no evidence.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2007Do163 Decided November 30, 2007, etc.). B.
In light of the above legal principles, the following facts are acknowledged by the evidence duly adopted and examined by the court below.