The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the violation of the Act among the facts charged in the instant case by misunderstanding the facts or misapprehending the legal principles, the following facts are deemed to constitute roads under the Road Act, and the Defendant was well aware of this.

It is reasonable to view it.

Therefore, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of judgment.

1) On October 29, 2014, the Leecheon market designated and publicly announced the instant land as a road.

2) The land category of the instant land was changed to a road after December 22, 2014.

3) The Defendant installed a boundary stone on the instant land and had already perused the road management ledger before cutting down the soil.

In addition, the public official D in charge of one public official stated that the land of this case was registered in the road management ledger to the defendant, and that the defendant did not commit any act of damaging the road by visiting the land of this case to the first police officer on November 2016.

In light of the fact, the Court decided to do so.

B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unhued and unfair.

2. Determination

A. Judgment 1 on the misunderstanding of facts or misapprehension of legal principles 1) No person who has a summary of a factory laboratory shall engage in any conduct impeding road structures or traffic on the road without justifiable grounds.

Nevertheless, on November 13, 2016, the Defendant installed a boundary stone of 88 square meters in Dongcheon-si, Seoul road, and installed soil therein.

As a result, the defendant committed acts that interfere with the traffic of motor vehicles and people on roads.

2) The lower court determined that this part of the facts charged was indicted on the premise that the instant land is a road under the Road Act, and according to the records, the instant land is not listed in Article 10 of the Road Act, but designated pursuant to Article 45(1) of the Building Act.