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(영문) 대전지방법원 2013.12.11 2013고정2103

일반교통방해

Text

Defendants shall be punished by a fine of KRW 700,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the chairman of the council of occupants' representatives in Sejong-si, and the defendant B is the head of the apartment management office.

At around 11:00 on August 30, 2013, the Defendants conspired and interfere with traffic by setting up a warning sign of about 90 cm in height and about 11m in width at the center of the road, on the ground that the residents of three households, such as D, who reside in the neighboring house of 4m wide-area cement Packing road, were not permitted by the apartment residents who are co-owners of the road, and that they installed the wastewater pipeline, on the ground that they installed the wastewater pipeline.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of D police statement;

1. Application of statutes on site photographs;

1. Defendants: Articles 185 and 30 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The Defendants should be strictly punished in light of the fact that the Defendants had caused damage to many and unspecified persons by blocking the road from exercising their rights by physical force despite the fact that the Defendants had to take lawful measures to remedy their rights under Article 334(1) of the Criminal Procedure Act. However, the Defendants are deemed to have been obstructed by exercising their rights to the road of this case, and there are some circumstances to consider the facts leading to the instant crime; the Defendants are against the Defendants’ mistake and are going against the Defendants’ age, character and conduct, environment, etc.; and the sentencing conditions indicated in the records are considered as above.