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(영문) 제주지방법원 2014.02.20 2014고정54
일반교통방해
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the person who leased and cultivated the area of 11,402 square meters prior to C in Jeju, from the Korea Rural Community Corporation, the owner.

The owners and farmers of the adjoining 16 lots of land, including the above land, agreed to create a common farm for all around January 27, 1985, and set up a farm road by setting some of their own land and farming paddy field, and used it for 28 years thereafter.

In addition, the above farming roads have gone through the C-C paddy field cultivated by the defendant.

On July 2013, the Defendant: (a) opened an entrance in a manner that 1.5m high from the beginning of the 2374 back of the said farm road to both sides of the farm road and 4m wide, 1.5m high from the start of the farm road to the 2374 back of the 2374, and caused damage to the farm of the Republic of Korea; (b) opened the entrance in a manner that sets up a water net of 1.5m high from the 1st fivem long to the public for public traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site 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 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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