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(영문) 대구지방법원 안동지원 2021.01.27 2020고정99

일반교통방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner of B's land at Ansan-si, and C planned the flat work of land as the owner of D's land at Ansan-dong-si.

Around 13:00 on April 13, 2019, the Defendant came to know of C’s plan for flating work of land as above, and, with a view to obstructing the flating work, the Defendant installed agricultural machinery installed at the center of the road (breadth: 3.2m) located on the above D’s land, the only access road to the said D’s land, and prevented the Defendant from passing through the excavation machine for flating work of land.

Accordingly, the defendant interfered with traffic by blocking the passage through the land.

Summary of Evidence

1. Each police statement made by the defendant in court C and E;

1. Application of Acts and subordinate statutes to a criminal investigation report (victim's statement, on-site inspection, etc.), investigation report (verification, etc. of personal information of the suspect), investigation report (verification of monetary recording), criminal investigation report, criminal investigation report (Attachment of on-site photographs of the case), investigation report (Attachment of on-site photographs of the case and agricultural machinery photographs of the case);

1. Article 185 of the Criminal Act applicable to the facts constituting an offense, Article 185 of the Criminal Act selective punishment, and the choice of fines;

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;