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(영문) 수원지방법원 2020.01.17 2019노5911

일반교통방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted in the gist of the grounds of appeal, the court below erred by misapprehending the fact that the defendant did not recognize the establishment of a general traffic obstruction even if the defendant's obstruction of traffic by installing steel bars in part of the road as shown in the facts charged.

2. The lower court rendered a judgment not guilty on the Defendant on the ground that the road part where the Defendant engaged in the same act as the facts charged does not constitute “landway” as provided in Article 185 of the Criminal Act, on the ground that the part of the road where the Defendant engaged in the same act as the facts charged does not constitute “landway

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just and it does not seem that there was an error of law by misunderstanding facts and affecting the conclusion of the judgment.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.