The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged is the actual owner of the Cheongju-si B and C’s land.

Although the above land is used mainly for the passage of neighboring D Newdos and the bereaved family members related to charnel houses, the Defendant did not pay land usage fees on the D side but did not purchase the above land.

On September 25, 2017, the Defendant: (a) laid up soil of 12 tons truck 12 tons on the land in a considerable area of Cheongju-si, Cheongju-si, and obstructed traffic by preventing the flow of vehicles that he/she intends to pass through the said land.

2. Determination

A. The burden of proving the facts charged in a criminal trial lies on the prosecutor, and the finding of guilt must be based on the evidence of probative value that 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 such evidence.

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

(2) The purpose of Article 185 of the Criminal Act is to punish an act of interfering with general traffic safety under Article 185 of the Criminal Act (see, e.g., Supreme Court Decision 2001Do2823, Aug. 21, 2001). The purpose of Article 185 is to protect the general public’s traffic safety. The term “land access” refers to a place of public nature in which an unspecified number of people, motor vehicles, and horses are permitted to freely pass through without limiting to a specific person, i.e., a place provided for the traffic of the general public.

(Supreme Court Decision 2016Do12563 Decided April 7, 2017). Accordingly, a road installed arbitrarily on the said road while there are other roads available for the general public to pass through, does not constitute the land stipulated in the said provision.

B. The Prosecutor means the transportation of land by the Defendant, in a substantial area of Cheongju-si E (hereinafter “E”).