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(영문) 서울중앙지방법원 2016.07.13 2016고정435

일반교통방해

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a person who is engaged in trade business in the trade name, such as, and even if no one damages, destroys, or obstructs traffic by other means, the land, waterway, or bridge shall not interfere with traffic. However, from the end of January 2015 to July 9, 2015, the Defendant shall not interfere with traffic by means of, or cause any damage to, the land, waterway, or bridge, the water zone E, F, G, H, I, and J L in the indictment;

F. G M, I, and J are written and corrected ex officio in compliance with the facts. On the road of 364,80m in length of the road, 6m wide, 2,188m wide on the road of 2,18m wide, street x vertical length x one meter wide x leaving the road at the entrance of the road, leaving the road at the road, leaving a one-ton red road for road blocking, parking a freight truck at K 1 ton truck at the inside of the road, and installing a steel pole in a pent, and storing pents on the road, thereby hindering traffic in such a way as to significantly impede traffic, such as significantly restricting street width, by spreading about 3m wide on the road.

2. Determination

A. The Defendant merely requested construction of road diversy works and land clearing works for a river diversy works and land reclamation works for a river area of 863 square meters and its surrounding land acquired on January 2015, and the Defendant did not have any intent to commit any traffic obstruction, and there was no intention to commit any traffic obstruction.

The argument is asserted.

B. The crime of interference with general traffic under Article 185 of the Criminal Act is a crime of protecting the legal interests of the general public’s traffic safety. Here, “land-based” refers to a place of public passage to and from the general public, a place of public nature where many and unspecified persons or horses are allowed to freely pass through without any specific person (see, e.g., Supreme Court Decision 2003Do3173, Sept. 5, 2003). The records of this case can be known through the records of this case, or the following circumstances are significant in this court; ① A change of land classification into a site on May 4, 2016) and Q forest.

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