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(영문) 대구지방법원 의성지원 2016.02.18 2015고정97

일반교통방해

Text

The defendant shall be innocent.

Reasons

1. On August 16, 2015, the Defendant: (a) obstructed traffic along land by blocking the front of the said vehicle and F from the body of the victim’s front of the said vehicle and F, in order to prevent the victim’s “E”, who is an employee of the “E”, from visiting the said money by using the said access road to his own vehicle in relation to the relocation of pigs, from visiting the said money, at the right side of the access road located in the width of 4 to 5 meters wide from the right side of the road to which the victim, who is an employee of the victim, who is not adequate for appraisal, can flow with the said money.

2. Determination:

A. According to the records of this case, the following facts are recognized:

① On August 16, 2015, F driven the said vehicle by driving one ton of the instant vehicle before the death of the money in Sung-gun, Sung-gun, Gyeong-gun, Gyeongbuk, 2015.

2. The Defendant G’s ASEAN reported this to F “whether they enter the south’s house;

(d)"W." D. F. F. F. F. driving the said vehicle to return it to the place where the entrance is front.

(3) The Defendant asserts that the access roads to money to the west, west, and F are their own land before and after the fry case, and that no access to money is made through the access roads.

was made.

Accordingly, F did not enter the access road to money.

(4) There was no particular exercise of force between the Defendant and F.

B. The purpose of interference with general traffic safety under Article 185 of the Criminal Act is to punish all acts that make it impossible or considerably difficult to pass through by destroying or infusing land, etc. or interfering with traffic by other means (see, e.g., Supreme Court Decision 2008Do10560, Jan. 30, 2009).

In full view of the above facts, the defendant should not use the access road that the defendant has access to the money company in front of the above vehicle.

Demanding action is merely a temporary interference with the passage of the above vehicle, which is punished by the interference with general traffic.