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(영문) 의정부지방법원 2017.11.21 2017고단1540
일반교통방해
Text

Defendant shall be punished by a fine of KRW 5,000,000 (O million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant, as a co-right holder of Gyeonggi-gun C’s common land, is a person who manages ordinary land, and D operates the above hospital as a general director of the F convalescent Hospital located in Gyeonggi-gun E in the game near the above land area.

The Defendant was dissatisfied with the occurrence of a dust due to the vehicles passing through the general hospital.

1. On December 23, 2016, the Defendant parked about 10 persons with disabilities and two vehicles in one road with a width of about 5 meters, which leads to the Fvalescent Hospital for D operation in Pyeongtaek-gun, Gyeonggi-do, Hyeong-gun, and obstructed the traffic by preventing the flow of vehicles intending to pass on the road by parking two vehicles continuously until December 25, 201 of the same year.

2. On December 25, 2016, the Defendant interfered with the traffic by piling up large stones on the above-road around 14:00 on December 25, 2016.

3. On January 4, 2017, the Defendant: (a) installed a hacker pole with a height of about 1m on the road above the upper end of the road; and (b) obstructed the traffic by preventing the flow of vehicles to pass through the said road.

4. On January 6, 2017, the Defendant: (a) installed a hacker pole with a height of about one meter on both sides of the above road on the road at around 16:00; (b) installed a hacker box between both pillars, thereby hindering the traffic by preventing the flow of vehicles that the Defendant want to pass on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness D and G;

1. A H statement;

1. Cadastral map;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Criminal Act and Article 185 of the Criminal Act concerning the facts constituting a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the instant crime, including the content and result thereof, is not that of the crime.

However, the defendant shows his attitude to see and reflect his mistake.

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