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(영문) 대구지방법원 상주지원 2016.03.29 2016고정21
일반교통방해
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On August 12, 2015, the Defendant, on the ground that the non- packing road of approximately 3 meters in width B at door-si around 12, 2015, in the width of the farmland owned by the Defendant, was stored at two parts of the farmland owned by the Defendant, thereby interfering with the traffic of village residents on the land through which they pass.

Summary of Evidence

1. The defendant's partial statement (the purport that it was inevitable to close the paths by piling up stables in the course of flating operations);

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to photographs of the national territory, photoics, site photographs, and investigation reports;

1. Relevant legal provisions regarding criminal facts, Article 185 of the Criminal Act of the choice of punishment, and the selection of fines [referring to the "land passage of interference with general traffic" refers to the wide passage of land actually used for the traffic of the general public. It is not necessary to use the land as the sole passage, as long as it is the land passage of land used for the traffic of the general public, regardless of its ownership relation, the relation of right and duty of traffic, or the large number of traffic participants and the like.

Therefore, as long as the defendant cut off the land, there was only D, or opening a bypass road.

(2) The establishment of a crime does not interfere with the establishment of

1. Fine of 700,000 won to be imposed on the suspension of sentence;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., circumstances leading to the instant crime, the degree of recognition of the illegality of the Defendant, and the fact that the Defendant made a bypass);

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