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(영문) 창원지방법원 통영지원 2016.10.14 2016고정263

일반교통방해등

Text

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

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

A purchased from Do on July 19, 1996 the area of 4,586 square meters and 8,891 square meters prior to E in Tong-si, Si-si, and completed the registration of ownership transfer in its name. On the same day, A purchased a number of lots of land, including this case H, and completed the registration of ownership transfer in its name.

The instant road was used as a road connected to a golf driving range operated by the JJ of the I-Japan victims by breaking the land owned by the victim as a road and a parking lot. The Defendants, who filed a lawsuit against the victim, committed a final judgment in favor of the victim in the instant case on the transfer of land transfer, 2085Gadan 22198 (Counterclaim) ownership transfer registration, and tried to interfere with the traffic of vehicles passing through the said road and interfere with the driving range business of the victim on the grounds of the said judgment and execution clause.

At around 10:10 on March 16, 2016, the Defendants conspired and obstructed the traffic of 10 customers who find the above road by jointly blocking the road by jointly installing three iron bars at the entrance of the above road in order to prevent the said road from being used by the injured parties J and the injured by the K driving range at the entrance of the above road. By no later than 13:10 on the same day, the Defendants interfered with the traffic of 10 customers who find the above driving range, and by force, interfered with the victim’s operation of the above driving range.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness G;

1. Each police statement concerning G;

1. Each report on investigation;

1. The application of Acts and subordinate statutes to each photograph, copy of judgment, certificate of contents, copy of decision, and copy of execution clause;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.