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The defendant shall be innocent.
Reasons
1. Around September 2, 2012, the Defendant: (a) around September 2, 2012, in order to prevent vehicles entering a factory operated by C and D from passing ahead of the F restaurant in U.S. Dong-dong, U.S., the Defendant: (b) installed a lux on the left side of the factory entry; (c) cultivated lux in the lux; and (d) installed a steel network for boundary with a pipe and pipe; and (e) cultivated lux on the right side, obstructed traffic by preventing large vehicles seeking to pass through the said road from entering the road.
2. In full view of the results of the on-site inspection conducted by this Court, the part on which the Defendant installed a steel net for the purpose of boundary and the hack pipe (hereinafter “instant part of land”) before September 2, 2012, can be recognized that the part on which the Defendant installed a steel net for the purpose of boundary and the hack pipe (hereinafter “instant part of land”) was covered by the lower court’s soil covering approximately four meters wide before September 2, 2012, clearly distinguish the packaging road from the packaging road, and the immediate side square part of the part on which the Defendant installed a block is being used as a arable for cultivating a hack.
Therefore, the part of the instant land is owned and occupied by the Defendant, and even if the cargo vehicles passing through the packaging roads arbitrarily use it, it is permitted to pass implicitly for convenience, and it is difficult to view the part of the instant land as a place of public nature where many and unspecified persons or vehicles and horses can freely pass (see Supreme Court Decision 2008Do8195, Jan. 30, 2009). In light of the shape and width of the above packing road, it is difficult to view that the Defendant’s act interfered with the entry of large vehicles.
3. According to the conclusion, the facts charged against the defendant constitutes a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure