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(영문) 대구지방법원 포항지원 2018.07.04 2017고정515

업무방해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From early September 2016 to May 15, 2017, the Defendant interfered with the smooth flow of vehicles by impeding the smooth flow of vehicles by nearby residents, such as truck for the transportation of feed ( approximately 10-15 tons) with a view to continuously installing a pipe of about 2 meters in height at approximately 3-4 meters in length at intervals of about 3-4 meters in total at intervals between the above roads. The Defendant interfered with the smooth flow of vehicles by obstructing the smooth flow of vehicles by nearby residents, including truck for the transportation of feed ( approximately 10-15 tons) in which the ridge operated by C and D enter the farm, and by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, E, and D;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. On-site photographs, closed photographs, written confirmation of each fact, photographs of vehicles, monthly rent contracts for real estate, on-site photographs, and cadastral editing maps;

1. Application of Acts and subordinate statutes to investigation reports (in addition to certified copies of donations, such as certified copies of donations), investigation reports (Attachment to documents submitted by complainants);

1. Article 185 of the Criminal Act (a point of interference with general traffic) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on a person who commits a crime of interfering with general traffic heavier than punishment);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination as to the assertion of the defendant and his/her defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act, which bear the costs of lawsuit

1. It is difficult to view the instant non-packaged road as a road with public nature for many and unspecified persons specified by the crime of interference with general traffic.

In addition, vehicle traffic has been possible in spite of the defendant's act.

Therefore, general traffic obstruction is not established.

In addition to the instant non-Packing roads, it is possible to enter the victim's farm operated.