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(영문) 춘천지방법원 2008.05.01 2007고단1180

일반교통방해 등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

1. On July 2007, 2007, at D and E boundary points at the entrance of the access road to the C workplace located in Gangwon-do, Gangwon-do Police Officer B, the passage of passage through land, such as interfering with passage of those residents who work in the said workplace by linking the hacker pole in the said workplace with the hacks, which is located in both sides of the said workplace;

2. From the above date to the 28th day of the same month, the victim F prevented the victim F from entering the vehicle using materials to carry the wood crafts at the above workplace, thereby hindering the victim’s business.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and F;

1. Some statements concerning the suspect examination protocol of the defendant;

1. Statement of each police statement concerning G and F;

1. The defense counsel's assertion of on-site photographic defense counsel argues that the defendant's act within the scope that the defendant's establishment of the hacks in this case should be accepted, and that it does not constitute a crime due to a legitimate act without illegality. However, in light of the circumstances acknowledged by the evidence mentioned above and the situation before and after the crime, the above assertion cannot be viewed as a justifiable act that does not violate social norms. Thus, the above assertion

Application of Statutes

1. Articles 185 and 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;