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(영문) 수원지방법원 여주지원 2015.11.11 2015고단804

일반교통방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 17, 2015, the Defendant: (a) around 20 meters away from the 20-meter section of the road in Gyeonggi-do, where the victim D constructed a house for the construction of electric power source in the above road; and (b) operated a large-scale ready container transport truck through the above road section that is owned by the Defendant without the Defendant’s permission; (c) brought about several sides at the edge of the above road, the width of which is 3-3.2 meters; (d) around July 10, 2015, the Defendant laid off soil on the part above the front part of the road, and laid down the width of the road to narrow the width of the road to a level of 2-2.3 meters; and (d) prevented large vehicles, such as freight, from passing

Accordingly, the Defendant interfered with traffic by force by obstructing the victim's construction work of electric power-based housing, and at the same time obstructing the passage through the land.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint;

1. Investigation reports (to submit field photographs, to the complainants, to submit data on the boundary of the complainants, to be taken on the spot photographs, and to attach aerial photographys);

1. Application of statutes on site photographs;

1. Article 185 of the Criminal Act 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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The nature of crimes is not that of the reasons for sentencing under Article 62 (1) of the Criminal Act;

However, the punishment was determined in consideration of the sentencing grounds stipulated in Article 51 of the Criminal Act, such as the fact that the defendant confessions and reflects the crime, and the restoration of the original state is completed.