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(영문) 대전지방법원 서산지원 2018.05.17 2018고정72

일반교통방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, in the process of proceeding civil trials related to the fabrication of documents on the purchase and sale contract with the victim C, and the Defendant obstructed the passage of the road by setting up a warning flag, etc. on the way from September 2016 to December 2016 to block the passage of the road. On April 20, 2017, the Daejeon District Court sentenced the Defendant to a fine of KRW 500,000 as a obstruction of general traffic in Seosan branch of the Daejeon District Court on April 20, 2017, the Defendant obstructed the passage of the way toward the victim’s house to prevent the passage of the road to the victim’s house on October 20, 2017, and interfered with the traffic flow by means of parking the road in the way of the Defendant’s own seat, which was kept on a non- packing road of KRW 120 to 130 meters in width and KRW 140c through 150c meters in width.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by C (F) and G;

1. On-site map;

1. Application of Acts and subordinate statutes on site photographs and village landscape photographs;

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;