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(영문) 춘천지방법원 영월지원 2015.12.22 2015고단457

일반교통방해등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On June 19, 2015, the Defendant interfered with general traffic by installing a banner or “Prohibition of Access” banner on the packaging of the road, knowing that the road passing through the above land is used as a book, etc. by village residents, in the Defendant’s land located in Gangwon-gu, Gangwon-do, Gangwon-do, Gangwon-do.

Accordingly, the defendant interfered with the traffic of roads provided to the general public.

2. The Defendant interfered with the business of the Defendant: (a) obstructed the passage of the road to a restaurant operated by the victim C at the time and place specified in paragraph (1); and (b) prevented customers who find the said restaurant from visiting the restaurant.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Act and subordinate statutes to related road photographs and investigation reports (in relation to the current status of the dispute, referring to the indication of the architect's staff’s statement hearing, etc.);

1. Articles 185 and 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Fine of 500,000 won which is to be suspended; and

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act;

1. Article 59 (1) of the Criminal Act (Taking into account the circumstances such as the process of committing the instant crime and the fact that only the complainant has agreed to do so);