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(영문) 전주지방법원 2019.06.05 2018고정717

일반교통방해

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On October 8, 2018, the Defendant: (a) on the cement packing road located in the Jeonju-gun, U.S., U.S., in order to prevent the Defendant from using the way that the victim C (year 31) went into his own sand field; and (b) in order to prevent the Defendant from passing through the dry field located in F, U.S., the Defendant: (c) on the entrance of the cement packing road into the said cement packing road, two rocks with a large amount of 2.5 meters wide from the size connected to E; and (d) thereby obstructing the traffic of the land passing by the general public.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and G;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a certified copy of the cadastral map of the road in this case), investigation reports (field investigation), investigation reports (additional field confirmation) and investigation reports;

1. Article 185 of the Criminal Act and Article 185 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. A person using the passage route E located in Jeon-gun, North-gun (hereinafter “H”) (hereinafter “instant passage”) that prevents the passage of the Defendant by leaving a stone by the Defendant (hereinafter “H”), is the victim’s day, and there is another passage to the F land owned by the victim (hereinafter “the instant land”). As such, the instant passage does not constitute “land passage” as provided by the general traffic obstruction under Article 185 of the Criminal Act.

B. It cannot be deemed that the passage of the road of this case was impossible or considerably difficult merely with the fact that two stones were laid as shown in the facts charged.

2. Determination

A. The general traffic obstruction under Article 185 of the Criminal Act is the safety of the general public.