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(영문) 대구지방법원 2018.12.13 2018고정893

일반교통방해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the husband of D who is the owner of land C and buildings on the ground in Yongcheon-si.

On May 5, 2017, the Defendant installed a steel pent (164cm wide, 161cm long) on the road above the above land, on the ground that part of the road was owned by the Defendant’s wife, thereby obstructing traffic by allowing the Defendant to pass along the land, which is used for the traffic of the general public.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police for E;

1. Each statement of F, G, H, I, J, K, and L Preparation;

1. A criminal investigation report (on-site verification), an investigation report (Attachment to satellite photographs);

1. Application of statutes on site photographs;

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;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;