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(영문) 부산지방법원 동부지원 2017.04.27 2015고정1532
일반교통방해등
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

"2015 High Doz. 1532"

1. In general, the defendant is the owner of Busan Shipping Daegu D, who manages the above forest with delegation from E, the owner of Busan Shipping Daegu D.

At around 14:00 on December 31, 2014, the Defendant: (a) set up a FN car owned by the Defendant on a road with a width of approximately four meters; and (b) obstructed the traffic by preventing the flow of vehicles that the Defendant want to pass on the road.

2. On February 1, 2015, around 16:00, the Defendant damaged the property by having the upper board of the box for storage of oil, the market price of which is unknown, in order to verify the situation of the garden cultivated by the victim H located in Busan metropolitan Daegu G G, Busan, the Defendant damaged the garden.

The defendant of "2016 High 1255" is the person who manages the above forest upon delegation by E, the owner of Busan Shipping Daegu D.

On March 3, 2016, the Defendant: (a) around 17:00, at a 4m width of the width of the D located above the road (on the right-hand side of the road, in which the road is marked, the passage of the vehicle is possible); (b) at a space of 3.3m wide in the right-hand right-hand side of the Radrid, the Defendant installed a F X-T son and I-string vehicle owned by the Defendant, and obstructed the traffic by preventing the flow of vehicles that the Defendant want to pass through the said road.

Summary of Evidence

"2015 High Doz. 1532"

1. Legal statement of the witness H;

1. A report on investigation (case of on-site investigation);

1. The 2015 Highest 1532 others;

1. Legal statement of the witness H;

1. Application of Acts and subordinate statutes to investigation reports (fields and surrounding situations), investigation reports (in relation to the installation of visible drums);

1. Relevant provisions of the Criminal Act, Article 185 of the Criminal Act (the point of obstructing general traffic), Article 366 of the Criminal Act, and the selection of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The case involving the defense counsel’s assertion of the defense counsel under Article 186(1) of the Criminal Procedure Act is “2015 High Court Decision 1532.”

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