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(영문) 대전지방법원 2016.07.14 2016노275
일반교통방해등
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) as the instant road was a dump truck, etc. used by only community residents, the part artificially widest is customary, when the developer uses heavy equipment, such as dump truck, etc.; and (b) the instant road does not constitute the land stipulated by the general traffic obstruction as a road on which outside residents, other than community residents, cannot pass without permission for special purposes, such as construction of a new house without the consent of the Defendant; and (c) the Defendant, even after installing cement structures, etc. on the instant road, could pass through the instant road, only by installing cement structures, etc., making it impossible or considerably difficult for the Defendant to pass the instant road.

It cannot be seen, and since cement structures, etc. were installed in order to protect the land owned by the defendant due to the passage of construction vehicles and to minimize damage caused by dust and noise, etc., the defendant did not interfere with the passage of the road of this case or interfere with the victim's business, even though he did not intend to obstruct the passage of the road of this case, the defendant interfered with traffic and interfered with the

The judgment of the court below asserts that there is an error of mistake in fact.

B. The lower court’s sentence (2 million won in penalty) against an unfair defendant in sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On the part of general traffic obstruction, the crime of interference with general traffic obstruction under Article 185 of the Criminal Act is a crime which legally protects the safety of general public traffic, and is a crime that damages or causes damage to land, road, etc. or obstructs traffic by other means, and thereby makes it impossible or remarkably difficult to pass through.

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