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(영문) 대구지방법원포항지원 2020.08.19 2020고정75
일반교통방해
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant is the owner of Nam-gu B (hereinafter referred to as "Defendant-owned land") at the port of port, and C is the owner of D (hereinafter referred to as "C ownership").

Defendant

The land category is the entire land area, but the de facto road (4m wide) packed by asphalt used by residents for traffic was installed, and C was so-called the so-called blind road, so C cannot control the road as a contribution without passing through this road, and C has access to C-owned land using this road.

On September 1, 2019, the Defendant: (a) caused damage to the asphalt package of approximately 30 meters of the above road as a cream, thereby making it impossible or considerably difficult for the Defendant to flow.

Accordingly, the defendant damaged the land and obstructed the traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint, cadastral map, full certificate of matters to be registered on the land, field photo, newspaper report materials, public notice of the results of treatment of civil petitions, and photograph of road restoration;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 185 of the Criminal Act and the choice of a fine for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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