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(영문) 의정부지방법원 고양지원 2018.05.10 2018고정62

일반교통방해등

Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

B as of October 10, 2016, a person who purchased the 1,656m2 in Gyeyang-gu, Soyang-gu C. The Defendant A is the husband of the Defendant B.

The Defendants came to know that part of the above purchased land is being used as land by neighboring residents, including victims E, who operate a room and water source in Gyeyang-gu, Seoyang-gu, Seoyang-gu. The Defendants conspired to prevent it.

Therefore, the Defendants interfered with the victim’s operation of orchard by force by way of obstructing the passage of vehicles and village residents, which pass through the place by means of cutting off 17 posts on the section of 3.5-3.7m in width and 64.7m in length, and allowing the victim E not to have access to the agricultural machinery, etc. necessary for the operation of the cump and the cump.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and E;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of on-site photographs), on-site photographs, and investigation reports (Attachment of aerial photographys);

1. The Defendants of relevant legal provisions concerning criminal facts: Articles 185, 30 (the point of interference with general traffic) of the Criminal Act and Articles 314 (1) and 30 (the point of interference with business) of the Criminal Act;

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Selection of each alternative fine for punishment;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act