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(영문) 수원지방법원 여주지원 2017.01.06 2016고정273
일반교통방해
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On March 2, 2015, the Defendant: (a) leased and used a Gun-owned land (G land in Gyeonggi-gun D, E, F, and G); (b) around May 19, 2016, the Defendant obstructed traffic by installing a steel fence on the above road to prevent passage of vehicles or people on the land, on the ground that (D, H) the current status installed in front of the office of the Defendant of the Gyeonggi-si C in the Gyeonggi-si on May 19, 2016 is included in the land owned by the Defendant and leased in the Yangyang-gun; and (c) the instant road installed in front of the office of the Defendant in the Gyeonggi-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. Complaint;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports ( relative investigation of persons related to the military administration);

1. Article 185 of the Criminal Act applicable to the facts constituting an offense, Article 185 of the Criminal Act selective punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act were considered as follows: (a) the Defendant was waiting to commit a crime; (b) the first offender; and (c) the foreigner’s living relationship outside the Republic of Korea for a long time; and (d) the fact that such crime appears to have been committed under the domestic law.

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