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(영문) 대구지방법원 2018.04.06 2017고정2124

일반교통방해

Text

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 13, 2017, the Defendant had no good reputation from the back-road (breadth 3.5m) in front of the Cheongbuk-gun, Cheongbuk-do, Cheongbuk-do, around 12:15 on September 13, 2017.

D Operation of the Track Track, which means that the Track Hack Hack Hack Hack Hack Hack Hack, Hack Hack Hack Hack Ha

Accordingly, the Defendant interfered with traffic by making the Defendant go through the land.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of 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. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order. The defendant asserts to the effect that the defendant's act prohibiting passage through D is a legitimate act as the exercise of a legitimate right based on land ownership.

However, “act that does not contravene social norms” under Article 20 of the Criminal Act refers to an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Thus, in order for a certain act to constitute a justifiable act, the requirements such as legitimacy of the motive or purpose, reasonableness of the means or method of the act, balance between the protected legal interests and the benefits of the piracy, urgency, and supplementary nature that does not have any means or method other than the act (see Supreme Court Decision 2004Do8530, Feb. 25, 2005, etc.). In addition, the purpose of the general traffic obstruction under Article 185 of the Criminal Act is to punish any act that causes damage to the general public’s traffic safety, which is a crime that protects the general public’s legal interest, and makes it impossible or considerably difficult to pass through by interfering with traffic by other means, and the “in fact” refers to a “public land access.”