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(영문) 의정부지방법원 2017.12.14 2017고정1430
일반교통방해
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

On December 2, 2015, the Defendant obstructed the traffic of the general public by blocking part of the said road as a steel fence in order to claim the property right based on the result of the survey on the roads in front of the Gamyeong-gun, Gyeong-gun.

Summary of Evidence

1. Partial statement of the defendant;

1. The head of the complaint, a certified copy of the cadastral map, a field photograph, a statement prepared by the police for E, a criminal investigation report (a statement related to the contents of the complaint filed by the complainant), on-site photograph, a register of cadastral survey results, a report on each investigation (a confirmation of whether the road of the counter party to the instant case is the land, and the current status thereof), and a satellite photograph;

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. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is the fact that the defendant installed the iron rail on the ground of the D road of this case as stated in the facts charged of this case. However, the D road of this case where the defendant installed the iron rail, does not fall under the prescribed road for interference with general traffic because the section of the D road of this case where the defendant lost the function of the road, and does not fall under the prescribed road for interference with general traffic, and since it is possible to pass through after installing the iron rail, the defendant'

The purpose of the Criminal Act is to prevent interference with general traffic under Article 185 of the Criminal Act is to protect the legal interests of the general public as well as to punish all acts which make it impossible or considerably difficult to pass by causing damage to, or interference with traffic by other means, such as causing damage to, the land or the passage of the general public. Here, the term “land or the passage” refers to a place used for the traffic of the general public, i.e., the passage of many and unspecified persons or the end of a vehicle, without limited to a specific person.

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