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(영문) 청주지방법원 2017.01.20 2016노859
일반교통방해
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant committed an act that makes it difficult for H to enter the farm road of this case, such as the facts charged, together with A.

However, the farm road of this case is a farm road used only by about five households owners of neighboring land, including the Defendant. All of the above owners notified the password of the correction device to use it, and H did not interfere with the construction of other roads than the farm road of this case. Thus, the Defendants’ act does not constitute the elements of the crime of interference with general traffic.

Even if the elements of the above crime are satisfied, since the defendant's act occurred on the land owned by the defendant due to the instant construction work of H, and it was inevitable for safety to occur, the illegality is dismissed as it constitutes a justifiable act.

2. Determination

A. The summary of the facts charged in the instant case is the owner of the D and E, the Defendant, and the owner of F and G, and H planned construction by obtaining permission for development activities on the ground of the construction of access roads in J, K and L located at the end of the roads passing through I and F, which are owned by A and the Defendant.

On July 14, 2014, around 10:00, the Defendant and A thought that at the vicinity of the entrance of the above road located in Chungcheongnamyang-gun I, they would not allow H to walk the road, thereby preventing them from doing such development activities. At the same time, A, two strings on both sides of the road, and the Defendant, using strings, posted strings on the middle part of the strings, strings, strings, and strings, and strings and strings, and around the 20th of the same month following the 20th of the same month, A strings and strings by using strings at two places inside the road set up with strings and strings.

Accordingly, the Defendant conspired with A to interfere with traffic by causing it to go through the land.

B. The lower court determined that the lower court duly adopted and investigated.

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