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(영문) 의정부지방법원 2019.06.13 2019고정443
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

The Defendant is the owner of C’s land adjacent to the land B in Macheon-si, the State-owned land.

The current status of about 50 meters including part of the above land B has been used for a long period of time as the only vehicle passage leading to the land D's housing site for D', but the defendant had a mind to make it difficult to pass the vehicle by installing a boundary on the road on the ground that the above current status roads partially invaded the above C's land.

Accordingly, on May 29, 2018, according to the above-mentioned roads, the Defendant interfered with traffic on land by installing a fence of about 73 cm in height and about 46 m in length and reducing the width of the road available to the public by at least 191 cm in length.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement of E and F;

1. G statements;

1. Current status of each land cadastre, a certified copy of each cadastral map, road zone, and clearance zone incorporation;

1. Application of Acts and subordinate statutes on site photographs, road width measurements, and field photographs;

1. Article 185 of the Criminal Act and Article 185 of the same Act concerning criminal facts and the choice of fines;

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

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

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