일반교통방해등
A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant is the owner of the B site in Chungcheong-gun, Chungcheongnam-gun, and the victim C was the owner of the D site attached to the above B, and the victim C was the owner of the D site attached to the above B, using approximately 10 meters of length and approximately 3 meters of width.
On May 7, 2017, on the ground that part of the above ground was included in the above B, the Defendant installed a steel fence at the above ground, installed it up to the entrance, set it up as key to the entrance, and obstructed the victim’s agricultural business by obstructing the passage of the above packing paths, which were used for the passage of the people who gird the farm by using the paths, such as vehicles or agricultural machinery, etc., including the victim, and at the same time interfered with the victim’s agricultural business by force.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness C and E;
1. Results of on-site inspections by this court;
1. The investigation report (the sequence 15 in list of evidence);
1. All certificates of each registered matter, on-site photographs, satellite photographs, a certified copy of cadastral map, a certificate of towing a track, application of Acts and subordinate statutes on receipts;
1. Article 185 of the Criminal Act (a point of interference with general traffic) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;
2. Articles 40 and 50 of the Criminal Act concerning concurrent crimes (Punishments imposed on a person who commits a crime of interfering with general traffic heavier than punishment).
3. Selection of an alternative fine;
4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
5. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. As indicated in the facts charged in the instant case, the Defendant is the owner of the land B (hereinafter “Defendant’s land”). The victim is the owner of the D site attached to the Defendant’s land (hereinafter “victim’s land”). Around 10 meters in length and approximately 3 meters in width under the Defendant’s land as the owner of the D site attached to the Defendant’s land (hereinafter “victim’s land”); and the Defendant used the farmland along the Defendant’s land at approximately 3 meters in width (hereinafter “road”). As part of the passage road of this case is included in the Defendant’s land.