The defendant shall be innocent.

1. In the facts charged, the Defendant is the owner of the C Forest and C, and D is the owner of the E forest adjacent to the said forest and land. On September 19, 2012, among the disputes over the boundaries of the said forest and land, the Defendant: (a) requested the Korea Cadastral Corporation to perform a boundary survey on the boundary of the said forest and installed three posts on the boundary of the land; and (b) installed three posts on the boundary of the land; and (c) removed one posts from the point of view of gathering and removing one posts from November 12 of the same year.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a 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.

(Supreme Court Decision 2009Do1151 Decided July 22, 2010, etc.). B.

Among the evidence submitted by the prosecutor, there is a written statement of the police officer and prosecutor prepared as evidence corresponding to the facts charged of this case. However, since the above written statement has a dispute over the boundaries of the forest land of this case in each of the above written statement, it is sufficient to prove the facts charged of this case only with each written statement of the police officer and prosecutor prepared as to the above D, and there is no other evidence to prove it.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered under the latter part of Article 325