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(영문) 광주지방법원 목포지원 2017.11.24 2017고정337

일반교통방해등

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

On March 5, 2017, the Defendant installed an entrance gate of approximately 245 cm in length, approximately 40 cm in length, approximately 7 cm in width, and 7 cm in width to prevent the victim D from entering a vehicle on the ground that the victim D uses the above farming road owned by the Defendant while constructing a new house, and the victim D from entering a new house, and the same year.

4.2. At the same time, the Plaintiff interfered with the traffic of the land by installing two entrances in the sections of approximately 50 meters from the entrance gate and one iron-line fence in the mountain, and at the same time interfered with the victim’s new housing construction work.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G;

1. Each police statement made to H, E, F, I, and J;

1. Application of Acts and subordinate statutes to each investigation report (the list Nos. 5 and 7 of evidence);

1. Article 185 of the Criminal Act (a point of interference with general traffic) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The judgment of the defendant and his defense counsel on the defendant's argument under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order does not explicitly state the above argument on the trial date, but the above argument is written on the grounds of the defendant's request for the formal trial, and it is judged separately.

1. The asserted road that the Defendant installed the pen (hereinafter “road of this case”) cannot be deemed as the land provided for the traffic of the general public. The Defendant installed the pents on the road of this case, but only limited the traffic of the vehicle, or allowed the passage of the water, so the Defendant interfered with the traffic of the road.

shall not be deemed to exist.

2. According to Article 185 of the Criminal Act, a crime of interference with general traffic in Article 185 of the Criminal Act refers to a crime in which the benefit and protection of the general public's traffic safety is the legal interest, and the "landway" refers to the land passage that is actually common to the traffic of the general public.