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(영문) 청주지방법원 2014.11.06 2014고정673

일반교통방해

Text

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

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

Reasons

Punishment of the crime

The Defendant is the owner of the C’s land in the Chungcheongbuk-gun, and the D’s land adjacent to the said land is a place where the victim E owns the land at a successful bid and operates the factory. The aforementioned D’s common access road to the said D’s land and C’s land is F’s land (general roads, State-owned land), G’s land (divate land), and H’s land are connected.

On March 9, 2014, the Defendant left the above F land, G land, and H land connected thereto, which is the access road located in front of the above D land and C factory, and in order to prevent the use of the above road when the victim enters the factory, the Defendant interfered with the victim’s factory operation by force by blocking the flow of the vehicle through a X pipe over both the above access road in order to prevent the use of the above road.

Summary of Evidence

1. Partial statement of the defendant (as of the second trial date);

1. Legal statement of witness E;

1. Part of the first police interrogation protocol against the accused;

1. Fourth police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to the full certificate of the matters to be registered, cadastral map and photograph (No. 16 No. 16 of the evidence list, in particular two right to investigation records);

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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