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(영문) 의정부지방법원 2015.11.03 2015고단607
일반교통방해
Text

Defendants are not guilty.

Reasons

The summary of the facts charged is that Defendant A is the chairperson of the JJ Residential Self-Governing Council, located in the Republic of Korea, and Defendant B is the general secretary of the JJ Residential Self-Governing Council in 2014, Defendant C is the general secretary of the JJ Residential Self-Governing Council in 2013, and Defendant D is the auditor of

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

The Defendants conspired to prevent the passage of J-owned Housing 2 Complex to the J-owned Housing 2 Complex due to additional opening of a development project operator who intends to develop the J-owned Housing 2 Complex near the J, and to prevent the passage of J-owned Housing 2 Complex on the roads from November 11, 2013 to November 19, 2013, the Defendants interfered with the traffic of the land along which the vehicles, etc. of the residents, including K, pass by the J-owned Housing 2 Complex (5 meters wide) of the village boundary of the roads (5 meters wide) connecting the J-owned Housing 2 Complex to the J-owned Housing 2 Complex (5 meters wide).

(1) The purpose of the crime of interference with general traffic under 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 (see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 1995). The term “land access” refers to a place used for the traffic of the general public, namely, a place of public nature in which many and unspecified persons, vehicles, and horses are allowed to freely pass through, without limiting it to a specific person.

(see, e.g., Supreme Court Decision 9Do401, Apr. 27, 1999). (2) The following circumstances acknowledged by the evidence duly adopted and examined by this court are acknowledged through the resolution of the Residential Self-Governing Council: (a) the Defendants’ installation of steel fences in two places near the J 1 Complex boundary, and (b) the Defendants’ establishment of steel fences is recognized through the resolution of the Residential Self-Governing Council.

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