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(영문) 대전지방법원 홍성지원 2015.04.29 2014고정107
일반교통방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, as the owner of 84 square meters in Chungcheongnam-gun, Hongsung-gun, Hongsung-gun (hereinafter “instant land”), was willing to prevent the passage of construction vehicles, etc. on the ground that the Defendant constructed apartment buildings on nine and nine lots, near the instant land, on the land near the pertinent land, on the grounds that the Defendant entered the construction site by using the instant land without the Defendant’s permission.

On January 2013, the Defendant installed a container gambling room 1 (6m x2.4m) at the instant land, which was used as the access road to the village and the entrance to the existing construction site in Hongsung-gun, Chungcheongnam-gun, Skndong on the instant land, which was used as the access road to the village and the entrance to the existing construction site, obstructed access roads to the existing construction site, left approximately 2.2m, so that the construction vehicle can not immediately enter the construction site, thereby making it significantly difficult for the Defendant to access large-scale cleaning vehicles and fire-fighting vehicles to the neighboring village.

Accordingly, the defendant interfered with traffic and interfered with the apartment construction work of the victim company by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, G, and H;

1. Partial statement of a witness I;

1. E prosecutorial statement;

1. Statement to E by the police;

1. Written confirmation of J;

1. A supplementary statement of E;

1. F's confirmation of fact (in relation to right 2, 73 pages of investigation records);

1. Application of Acts and subordinate statutes to field photographs (No. 2, No. 68 of investigation records), field photographs (No. 3 of investigation records, No. 40 of investigation records);

1. Relevant legal principles concerning criminal facts and general traffic obstruction: Violation of Article 185 of the Criminal Act: Article 314 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in heavier general traffic obstruction);

1. Selection of an alternative fine for punishment;

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

1. Although a summary of the Defendant’s assertion on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order was installed, a construction vehicle, a large cleaning vehicle, and a vehicle.

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