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(영문) 대전지방법원 홍성지원 2021.01.26 2020고정161

일반교통방해등

Text

The sentence against the accused shall be five million won or more.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant: (a) thought that the construction of a penty construction project is being carried out in the vicinity of the Boan City Bridge, the Defendant would interfere with the construction of the Libery Construction project; and (b) from July 30, 2019 to January 16, 2020, the Defendant, working on the concrete road (4m in width and approximately 20m in length) located in Boan City D, would prevent the Defendant from driving the car by parking the car under the name of the corporation E, a corporation in charge of the instant dispute resolution.

2. Around 09:40 on January 18, 2020, the Defendant interfered with the business affairs of the victim, by force, obstructed the victim’s concrete another construction work by blocking the front of the H ready-mixed cargo vehicle entering the construction site in order to construct a new pentle in the middle of the instant Bridge, and by allowing the victim to stop from driving the said cargo vehicle at the entrance where the said cement was entered.

Summary of Evidence

1. Application of K’s written statement to J of the Defendant’s legal statement of the Prosecutor’s oral statement to J of the Defendant, on-site photographs, and other closure photographs statutes;

1. Relevant Article 185 of the Criminal Act, Article 314 (1) of the Criminal Act, and selection of each fine for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 provides that the punishment of this case shall be determined by comprehensively taking into account the following factors: (a) the degree of traffic obstruction and business obstruction in sentencing; (b) the background or progress leading up to the commission of the crime and the dispute; (c) the circumstances after the commission of the crime; and (d) the circumstances after the commission of the crime; and (c) the fact that the injured party has not recovered from the injured party’s intent to punish the Defendant; (d) the Defendant committed the instant crime during the suspension of the execution of imprisonment in 2018 and 2019, even if the Defendant was sentenced to a suspended sentence of imprisonment