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(영문) 창원지방법원마산지원 2020.10.20 2020고정286
일반교통방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 7, 2020, the Defendant was sentenced to two years of suspension of the execution of imprisonment for the crime of indecent act by force in the Changwon District Court's Musan Branch, and the judgment on September 8, 2020 became final and conclusive.

The defendant is a person who resides in the Gyeong-gun B and operates the Sari Party, and D has been a dispute over several times due to religious conflict and access road problems, etc. as the owner of the above land, E and F land adjacent to the above land.

No person shall damage, obstruct, or interfere with traffic by other means, a road, a waterway, or a bridge.

Nevertheless, on February 11, 2020, from around 14:02 to 10:00 on February 15, 2020, the Defendant obstructed the flow of traffic along the land by way of parking the H Poter vehicle owned by the Defendant and making it impossible for other vehicles to pass.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A report on internal investigation:

1. Before the judgment: Criminal records, investigation reports (verification of the progress of indecent acts by compulsion on charges of September 18, 2019), the first instance court, the second instance court, and the third instance court rulings, and the case standing inquiry (to be submitted after the conclusion of pleadings) [the defendant asserts to the effect that the defendant does not constitute traffic obstruction or intentional act because D, which first caused him/her to park freight on the land and interfere with traffic by causing him/her to conduct the same behavior as criminal facts. However, in full view of the circumstances where D's traffic obstruction is not justified, and the police officer dispatched according to D's report advises the defendant to move his/her vehicle, but the defendant did not mislead him/her, and the defendant's criminal intent can be sufficiently recognized, such as criminal facts, and thus, the defendant's assertion should not be accepted.]

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