Text
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
B is the nominal owner in the registration of the C in Macheon-si, and the defendant is the actual owner of the above land.
From March 3, 2017 to March 3, 2017, the Defendant: (a) laid down pents at the edge of the above road; and (b) opened pents in front of the road; and (c) obstructed the flow of land along which ordinary vehicles pass by locks.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and E;
1. On-site photographs, certified copies of the cadastral map, land register, black photographs, and satellite photographs;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. The judgment and the defense counsel on the issue of the main text of Article 186(1) of the Criminal Procedure Act bearing the costs of lawsuit is that the defendant has installed a pen on the ground of the road of this case as stated in the facts charged of this case, but such act was done for the safety of traffic, so the defendant did not have any intent to obstruct traffic.
The argument is asserted.
In other words, the following circumstances acknowledged by this Court comprehensively based on the evidence duly adopted and examined by this Court, i.e., the road of this case, which is a cement packing road for vehicle traffic, where the defendant resides in 5-6 households, such as D, his parents, and tenants, etc., at the point where the pents of this case are installed, and the land F and E, etc. establish a farming house, and it seems that the land for village residents F and E, etc. to have been used mainly for the above D’s residence or passage of pedestrians and vehicles coming from and going from the above farmland. Since the road of this case is connected to the mountain road upon the expiration of the dwelling of the above D, there were no many persons other than the above.
Even if the passage of a specific person is not allowed, it is common to the traffic of many unspecified and unspecified persons such as village residents.