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The defendant shall be innocent.
Reasons
1. On April 1, 2017, the summary of the facts charged, the Defendant interfered with the passage of many and unspecified vehicles by installing 10 posts on the instant road (hereinafter “the posts”) on the grounds that neighboring residents pass the Defendant’s land on the roads located in Gwangju-si, Gwangju-si (hereinafter “instant road”), and on the grounds that neighboring residents pass the Defendant’s land.
2. The Defendant and his defense counsel asserted that the instant posts were installed on the instant road, but some vehicles could have access to the instant road due to the width, and the remainder of the vehicles secured bypassing roads, thereby obstructing traffic.
shall not be deemed to exist.
3. The burden of proving the criminal facts prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value sufficient to have a judge prove that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant, it is inevitable to determine the defendant's interest (see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). Meanwhile, the purpose of the crime of interference with general traffic under Article 185 of the Criminal Act is to punish all acts that cause damage to or interfere with traffic by land or by other means making it impossible or significantly difficult to pass through by interfering with traffic by causing the general public's legal interests (see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 195).