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(영문) 대전지방법원 2014.10.01 2014노1343
일반교통방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The supplemental appellate brief submitted after the abstract of the grounds of appeal is not timely filed shall be considered only to the extent it supplements the grounds of appeal.

A. In fact, the Defendant knew D (hereinafter “instant bridge”) as owned by an individual, and installed a steel door with the intent to prevent the collapse thereof, and did not intend to interfere with the general traffic obstruction or business.

B. misunderstanding of legal principles on the crime of interference with general transportation or business

Even if the defendant installed a steel door on the bridge of this case, the illegality is excluded as an emergency evacuation or a legitimate act.

2. The Defendant also asserted the same purport as the above grounds for appeal in the lower court’s judgment, and the lower court rejected the above assertion on the grounds of various circumstances as indicated in the “judgment on the Defendant and the defense counsel’s assertion.”

The following facts are acknowledged according to the records of recognition.

(1) When a bridge, which had been on the access road to the orchard G Farmwon located in the Defendant’s possession, such as Bocheon-si, was washeded to the head around August 1995, Bocheon-si completed the instant bridge on August 2, 1996 at the place where the above lost bridge was installed.

(2) Afterwards, H, I, etc., who cultivate farmland in the vicinity of the G farmwon, near the G farmwon, passed the instant bridge by using the obba, light bridge, etc., and, in addition, many unspecified people passed the instant bridge by using a vehicle, etc.

(3) On December 26, 2012, the Defendant leased G farmers KRW 18 million per annum to victims E, and the lease period from January 10, 2012 to January 10, 2019.

(4) The victim, from January 14, 2013, entered the construction vehicle through the instant bridge to make the GFwon, an orchard as a ginseng dry field, from January 14, 2013, entered the building site and removed the fruit trees that were planted at the same time and moved a stone.

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