beta
(영문) 대전지방법원 2014.02.21 2013고정438

일반교통방해등

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around January 2008, the Defendant purchased land C, D, E, F, and G from the victim H in Ansan-si around January 2008, and the victim performed land development projects in the first part of the victim, and the Defendant was in dispute with the victim due to the problem of the use of ordinary roads.

1. Around 09:00 on March 26, 2012, the Defendant obstructed the victim’s landscaping work and land development work by force, such as: (a) he/she was forced to install a chain at the entrance of the road, the sole passage of the defect, to enter the land owned by the victim; (b) he/she was able to enter the land owned by the victim; and (c) he/she was unable to pass on the part of the victim.

2. On September 23, 2012, the Defendant interfered with the traffic of land on the grounds that sand, such as rain rain, flows into the Defendant’s dry field, such as L, etc., on the surface of the packing road, such as rain rain, etc., and that H is unable to pass through a forest or field under the name of N, etc. via the road.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of K witness K;

1. Partial statement of the witness H in the court;

1. Results of on-site inspections;

1. Application of Acts and subordinate statutes to investigation reports (field investigation), attachment of summary orders, etc. No. 2012 high-ranking270, investigation reports (Attachment of written judgments), fact inquiry replies (in the event of debate), and fact inquiry replies;

1. Relevant provisions of the Criminal Act, Articles 185 and 314 (1) of the Criminal Act, the choice of a fine for the crime, and the choice of a fine for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order (the part concerning interference with general traffic)

1. Whether it is a road used for ordinary traffic;

A. The Defendant alleged that M, F, and G roads (hereinafter “instant roads”) are used only as a passage for entering the land of the Defendant and the victim, and there is no reason to use it by others.