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(영문) 대구지방법원상주지원 2020.11.18 2020고정24
일반교통방해
Text

Defendants shall be punished by a fine of one million won.

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendants, who are in de facto marital relationship with each other, came to dispute due to the parking problems of C’s residents and community hall, were ambiguously gathered to obstruct village residents’ passage by installing structures on the concrete road front of the Defendant’s house located in D at the time of their residence. On September 20, 2019, the Defendants installed a stud in the access road to the above road (breadth 4.8m, height 1.65m) and installed a fence (breadth 3.5m, height 1.64m, height 1.64m) on the recinated road.

As a result, the Defendants conspired and interfered with the traffic of the victim E, F and C community residents in common.

Summary of Evidence

1. The Defendants’ partial legal statement E of the witness E

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a written accusation, a report on an investigation (on-site confirmation, etc.) and a report on an investigation (Attachment to a photograph of cutting down

1. Article 185 of the Criminal Act, Articles 185 and 30 of the Criminal Act, the choice of fines for the crime, and the choice of fines;

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

1. The summary of the argument on the Defendants’ assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act is the legitimate exercise of ownership to prevent the Defendants from using the instant road for a long time after packaging the instant road owned by the village residents without permission.

In addition, even if the road of this case is prevented, there is a bypass road, and therefore it does not interfere with the passage of other people.

2. Determination

A. The purpose of Article 185 of the Criminal Act is to punish all acts making it impossible or considerably difficult to pass through by causing damage to or infusing land, etc. or interfering with traffic by other means, as a crime involving the safety of traffic by the general public. Here, “land access” is actually a land which is actually a common use for the traffic of the general public.

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