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(영문) 춘천지방법원 2018.07.10 2018고정17

일반교통방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 2, 2017, the Defendant, a person operating a general restaurant under the trade name of “B,” and the Defendant obstructed traffic by bringing about about two blasting seats of approximately one ton of them on the access road (F, owner, and D) operated by the Gangwon-gun CD located in the Gangseo-gun, Seocheon-gun, Seocheon-gun, D, on the ground that the reputation D and appraisal are not good.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A certificate of registration in full, as a result of cadastral survey;

1. On-site photographs, on-site aerial photographys, and on-site photographs;

1. According to the above evidence, D is located in the land owned by G as the existing passage route leading to a restaurant operated by it is located in the G, and D purchases the land of Gangwon-gun C from G on June 21, 2016 and establishes a passage route (hereinafter “instant land”), and thereafter has provided the instant land to the general public, etc. using the said restaurant and the vehicle traffic from around that time. The Defendant asserted the ownership of the instant land on the ground that the boundary survey was erroneous, and the Defendant asserted the ownership of the instant land on the ground that the boundary survey was conducted on December 2, 2017.

The act of allowing the owner of a road or a site to pass along a road actually used for the traffic of the general public regardless of who is, or the owner of, the road or the surface's luminous cooperation and traffic, regardless of whether it is or not, constitutes a crime of interference with general traffic.

Therefore, the defendant's act of making the land of this case provided for the general traffic for at least one year on the ground of unilateral assertion that he/she owns constitutes a crime of interference with general traffic.

Application of Statutes

1. Article 185 of the Criminal Act applicable to the facts constituting an offense, Article 185 of the Criminal Act selective punishment, and the choice of fines;

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