일반교통방해등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. misunderstanding of facts (Defendant 1) The Defendant’s general traffic obstruction of each of the instant general traffic obstruction is owned by the Defendant, which constitutes part of the Sinan-gun E Village Road (hereinafter “the access road of this case”). The Defendant asserted to the effect that, despite the fact that Haan-gun et al. merely listened to the community residents’ complaints and extended the access road of this case, the Defendant left several stones, trokes, etc. at the edge of the access road of this case, but it was immediately difficult to see that the Defendant’s act did not interfere with traffic regardless of the Defendant’s above act, and thus, it did not constitute a element of general traffic obstruction, the lower court erred by misapprehending the facts that recognized the Defendant as constituting a crime of general traffic obstruction and thereby adversely affecting the conclusion of the judgment. (2) The Defendant argued to the purport that, despite the fact that Haan-gun, etc. was damaged by property damage on July 23, 2013, the Defendant did not have any effect on each of the Defendant’s property damage.
B. The Defendant asserts that the respective types of punishment (the first instance judgment: the fine of KRW 5 million; the second instance judgment: the fine of KRW 7 million) of the lower judgment are too unlimited and unfair, and the prosecutor asserts that the second instance judgment’s punishment (the fine of KRW 7 million) is too uneasible and unfair. The prosecutor asserts that the second instance judgment’s punishment (the fine of KRW 7 million) is too uneased.
2. As the defendant filed an appeal against the judgment below, each appeal case was tried concurrently at the trial court. However, as the facts constituting the crime of the judgment below are seen below, the concurrent crimes under the former part of Article 37 of the Criminal Act are concurrent crimes under Article 38(1) of the Criminal Act.