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(영문) 대구지방법원 안동지원 2018.11.23 2018고정97
일반교통방해
Text

Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

1. On February 5, 2018, the Defendants: (a) provided 13:00 on February 5, 2018, in front of the EF’s house located in Ansan-dong-dong-si on the ground that F does not consent to the access road confirmation and packing work that has been promoted by the entire village accommodation project; (b) Defendant A provided 6, 6, and 3, 8, and 10,000 strings of a light pole, which have been assembled in a light pole; and (c) Defendant B and Defendant C left the road at the center of the road, and obstructed traffic by blocking the land access to the public’s land for about two (2) days.

2. On February 26, 2018, the Defendants committed the crime: (a) around 10:00 on February 26, 2018, on the roads between the answer owned by Defendant A and the answer owned by Defendant B located in Ansan-dong-dong-dong-si and the answer owned by Defendant B located in H; (b) on the grounds as described in the foregoing paragraph 1, Defendant A provided 4 parts of the high-end shop, Defendant B, 8, 4, 4, 4, and 4; (c) Defendant B and Defendant C left the site without any measure taken for about four (4) days on the central market and obstructed traffic by blocking the passage of the land for public access.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each police statement made to F and I;

1. Satellite map, cadastral map, and each field photograph;

1. Application of Acts and subordinate statutes to a criminal investigation report, investigative report (to telephone conversations for a witness), criminal investigation report (to attach copies, cadastral map, land register as a result of cadastral surveys), criminal investigation report (to attach on-site photographs), and criminal investigation report (to attach on-site photographs);

1. Relevant Articles 185 and 30 of the Criminal Act and the Defendants’ choice of punishment for criminal facts: Articles 185 and 30 of the Criminal Act;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

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

1. Defendants of the provisional payment order: Determination on the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that each road indicated in the facts charged with installing obstacles (hereinafter “road of this case”) is common.

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