(영문) 광주지방법원 2015.11.03 2015노837 | 리걸엔진

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(영문) 광주지방법원 2015.11.03 2015노837

일반교통방해

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The Defendants’ appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the instant road does not fall under the land of a general traffic obstruction because it is not a road for many unspecified persons, it does not constitute a mistake of facts or misapprehension of legal principles, it cannot be deemed that the Defendants interfere with traffic since the Defendants did not interfere with the passage of vehicles even after planting trees or installing a water network on the instant road.

B. The lower court’s sentence of unreasonable sentencing (Defendant A: a fine of 2.5 million won, Defendant B: a fine of 1.5 million won) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the judgment of the court below that recognized that the Defendants interfered with the traffic of the road of this case on the land of this case on the following grounds: (a) the period and form of use of the road of this case before the Defendants planting down the reduced trees on the road of this case and installing a pipe and a water network; (b) the location and location of the reduced trees planted on the road of this case on January 2014; and (c) the installation of a pipe and a pipe and a network thereof; and (d) the relevant civil judgment [Maju District Court 2014Da513495, 2014Gadan61538 (Counterclaim)] by the on-site verification to remove each obstacles installed on the road of this case; and (b) the judgment below that recognized that the Defendants interfered with the traffic of the road of this case on the land of this case by planting the reduced trees on the road of this case and installing a pipe and

B. As to the Defendants’ assertion of unfair sentencing, the elements of unfavorable sentencing, such as the Defendants’ criminal act obstructing the passage of others, the failure to restore to the original state, and the elements of favorable sentencing, such as the fact that Defendant A has no record of criminal punishment for the same kind of crime, and that Defendant B has no record of criminal punishment, other circumstances and the Defendants, which form the conditions of sentencing specified in the records and arguments of this case, including the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime,

유사 판례

-광주지방법원 2015.09.16 2015나51650

-창원지방법원 2015.12.03 2015노1978

-광주지방법원 2015.03.17 2014가단513495

-광주지방법원 2015.04.09 2014고정1455

-창원지방법원 2015.10.20 2015노1800