The defendant is innocent.

1. The summary of the facts charged is the owner of B forest land No. 43 square meters in Osan-si, and the said forest was used as a road passed by neighboring residents. Osan-si around February 13, 2018, designated and publicly announced the said forest as a road.

Nevertheless, at around 16:52 on December 24, 2018, the Defendant, at the entrance of the above forest, installed a hack pole with a height of 1m and 0.5m, with a height of 0.5m, thereby obstructing traffic by making it impossible for the Defendant to pass the vehicle.

2. Determination

A. In a criminal trial, the prosecutor bears the burden of proving the facts constituting the crime prosecuted, and the conviction should be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty.

Even if there is no choice but to judge the interests of the defendant.

(see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). Meanwhile, the purpose of Article 185 of the Criminal Act is to punish all acts making it impossible or considerably difficult to pass through by causing damage to or infusing land, road, etc., or interfering with traffic by other means, which are crimes of which general public’s benefit and protection of the law is the traffic safety.

(See Supreme Court Decision 95Do1475 delivered on September 15, 1995, etc.). B.

In full view of the following facts and circumstances revealed by the evidence duly adopted and investigated by this Court as to the instant case, the evidence submitted by the Prosecutor alone is insufficient to recognize that the instant land is a place of public access to the free communication of the general public, namely, a place of public character where many unspecified persons or vehicles and horses are able to freely pass through, and there is no other evidence to acknowledge it.

(1) "Land" subject to general traffic obstruction is related to the ownership of the site.