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(영문) 청주지방법원 2016.03.11 2015고정818
일반교통방해
Text

1. The defendant is not guilty. 2. The defendant will notify the defendant of the summary of the judgment.

Reasons

On February 15, 2014, the Defendant: (a) around 2014, on land located in Chungcheongnam-gun D (hereinafter “instant land”) located in the name of the Defendant; (b) 20 meters wide; and (c) on land with a stone of about 1 meter in length, the Defendant set up a stone of about 1 meter wide at a stone of about 3.7 meters by using pokes to the road; and (d) obstructed the fluor’s surface, a fluor for the general public’s traffic.

Accordingly, the defendant interfered with the traffic by land.

Judgment

The public prosecution of this case is based on the premise that there was a land surface, which is three-meter or less of the public width, on the land of this case. Thus, the public prosecution of this case is examined.

The purpose of Article 185 of the Criminal Act is to punish any act that causes damage to or makes it impossible or considerably difficult to pass through by causing damage to land, etc. or interference with traffic by other means, as a crime under which the protection of public traffic safety is protected by law (see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 1995). Here, the term “land access” refers to a place public for the traffic of the general public, i.e., a place of public nature in which many and unspecified persons or horses are able to freely pass through without limited to a specific person (see, e.g., Supreme Court Decision 9Do401, Apr. 27, 1999). The following facts can be acknowledged according to each evidence duly adopted by the court.

① On April 14, 2008, the Defendant acquired the ownership of 916 square meters (hereinafter “D land before subdivision”) prior to D, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and neighboring E land is owned by F. G land is owned by H, and I land was owned by J.

The Defendant purchased the above land in order to live later with a astronomical believers such as H and F.

(2) In order to grant permission to construct F and H on July 8, 2009, the Defendant: (a) divided the land before subdivision into the land of this case into the land of this case and the land before subdivision into the land of this case; and (b) divided into the land for entry into the land of this case.

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