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(영문) 대전지방법원 논산지원 2013.05.28 2013고정40
일반교통방해
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

Defendant around June 12, 2012 and the same year

7.2.In the event that parts of D’s houses located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, contain his own forests and fields, thereby obstructing the flow of passage on land by fixing down posts on roads with concrete.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Application of each statement or video-related Acts and subordinate statutes to each report on the receipt and processing result;

1. Relevant Articles of the Criminal Act and Article 185 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for conviction under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The crime of interference with general traffic under Article 185 of the Criminal Act is an offense in which the legal interest of the general traffic safety of the general public is protected. The term “land” refers to a place of public passage to and from the general public, i.e., a place of public character where many and unspecified persons or vehicles and horses are able to freely pass through without limiting to a specific person. As long as it is recognized as the land, the ownership relation of the land, traffic right relation, or heavy and large number of visitors are not prohibited.

(2) According to the evidence duly adopted and examined by the court, the road of this case is a road mainly used by D and its family members, but it is recognized that neighboring residents visit D’s house, or are able to use it for delivery of home delivery or postal items. Thus, it is reasonable to view that the road of this case constitutes “land” under Article 185 of the Criminal Act as a public area where many and unspecified persons or vehicles and horses freely pass through.

2. The traffic shall be significant by laying down posts to be held by the Defendant.

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