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(영문) 춘천지방법원 2013.05.16 2012고단994
일반교통방해등
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 300,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On April 11, 2011, the Defendant: (a) at the entrance of the road leading to the victim E-owned by Hongcheon-gun, Hongcheon-gun, the Defendant set up a track at the entrance of the road leading to the victim E and two parcels of farmland; and (b) set up one Ui-type concrete drainage pipe.

The Defendant interfered with traffic by passing through the road traffic, and interfered with the cultivation of the crops of the victim by force.

B. On July 9, 2011, the Defendant laid one u-type concrete drain pipe at the entrance of the said road at the same place.

The Defendant interfered with traffic by passing through the road traffic, and interfered with the cultivation of the crops of the victim by force.

2. On March 21, 2012, at around 14:45, the Defendants’ co-principaled the Defendants’ co-principal, i.e., the staff of the H Committee in Hongcheon-gun G, Hongcheon-gun, and the staff of the Hongcheon-gun Office, etc., and Defendant A told the victims E (the age of 65) to “this sprop sping, spling, and this sprink,” and Defendant B referred to as “the bit bitch bitch bitch bitch bitch bitch bitch bitch”.

The Defendants conspired to publicly insult the victim as such.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness E;

1. Statement of the police prepared by J;

1. Two copies of a traffic obstruction photograph, and the application of Acts and subordinate statutes on the site photograph;

1. Relevant provisions of the Criminal Act and the choice of punishment against the crime A: Articles 185 (General Traffic Obstruction, Selection of fines) of the Criminal Act, Article 314 (1) of the Criminal Act ( selection of fines), Articles 311 and 30 (Appointment of Fine) of the Criminal Act; Articles 311 and 30 (Appointment of Fine) of the Criminal Act; Articles 311 and 30 (Selection of Fine) of the Criminal Act;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

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