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(영문) 대전지방법원 천안지원 2014.10.31 2014고단749
일반교통방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

The Defendant is an owner of C river of 309 square meters in Asan-si.

The Defendant responded to the use of part of the above land as a passage connected to the road 3.5m wide to the village residents. On March 2014, the Defendant obstructed traffic by installing a alzinium with a height of 1-2m high and 115m high to the part of the above land, and allowing the village residents to pass the road, with a width of 1-2m high and 115m high.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of inspection by this Court;

1. Each police statement made to D and E;

1. Application of statutes concerning field photographs and cadastral map certified copies;

1. Article 185 of the Criminal Act and Article 185 of the same Act concerning the crime;

1. The crime of interference with general traffic under Article 185 of the Criminal Act regarding the assertion of the defendant and his/her defense counsel under Articles 70(1) and 69(2) of the Criminal Act refers to the crime of interference with general traffic under the legal interest protected by the law of the safety of

Here, “Land” refers to a wide channel of land actually used for the traffic of the general public. It does not see, as follows: (a) the ownership relationship of the site, traffic rights relationship, or a large number of visitors and sound, etc. (see, e.g., Supreme Court Decisions 2012Do7279, Jun. 13, 2013; 2006Do8750, Feb. 22, 2007). According to each of the above evidence, “F contact processing” factories and D houses with a space of 3.5 meters straight line between the two factories and D houses; (b) the road with a width of 2 meters connected to the front door of the road; (c) the road with a width of 3.5 meters connected to D et al., and the road with a width of 2.5 meters connected to the above village hall or the road with a width of 3.5 meters connected to the above road.

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