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(영문) 수원지방법원 2014.11.21 2014노4455
일반교통방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 800,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (the factual error or misapprehension of the legal principle) is the only road leading to the complainant F’s housing, and the fact that the complainant’s passage has been significantly difficult due to the Defendant’s act written in the facts charged is recognized. Thus, the Defendant should be found guilty of general traffic obstruction.

2. 1) The summary of the facts charged in the instant case is as follows: (a) the Defendant, on January 1, 2014, was a current status of approximately KRW 2.48-3.07m of the width of the Gyeonggi Pyeong-gun D (hereinafter “instant road”).

In order to prevent the passage of the above F, etc. by the above F, etc., the above F, etc., and the aforementioned F, etc., which are part of the land attached to the defendant's E in the above road site, are connected to K of owners other than F, I and J land (land category), and since F, etc., etc. residing in the vicinity of the above road, five iron bars with a height of about 1 meter at the middle part of the above current condition were installed over a 16m section of the road, which is marked "risk, safety restriction day" between the above columns, the above F, their families, neighbors, etc., interfere with traffic of many unspecified people, including G. The court below adopted the evidence of the judgment below, and adopted the above part of the road, and (1) the road of this case is connected with the above road of this case to the above F, etc., the road of this case is limited to the users of the above land, and (2) the road of this case is not enough to recognize the passage of the above part of the road of this case as public road of this case.

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