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 occupies the above land with the authority delegated by the owner E of Geumsan-gun, Chungcheongnam-gun.
In 2010, the victim F had removed the wall and the toilet on the above land with the permission of the relative of the defendant in around 2010 and used the passage way installed at the same place.
On March 7, 2015, the Defendant interfered with traffic by installing a steel fence on the existing road, the width of which is about 3-4 meters around March 7, 2015, thereby making it difficult for the Defendant to pass on the road by making the width of the road over 2 meters, on the ground that the Defendant did not install a new fence even after the completion of the construction.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F and G;
1. Investigation reports (investigation into on-site inspections);
1. Application of Acts and subordinate statutes to photographs (in addition, submission of public trial);
1. Relevant Article of the Criminal Act and Article 185 of the Criminal Act concerning the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. Determination as to the assertion of the defendant and his/her defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act
1. The assertion;
(a) It does not interfere with general traffic since it was merely restored to the original state that the original width was about two meters, and the F was wider than the road.
B. Even after the Defendant installed a steel pent, it is possible to pass with a person and a light rail, so it does not interfere with general traffic.
2. According to the evidence of the judgment, the width was up to two to three meters prior to the around 2010, the passage route in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant passage route”). The F removed the fence and toilets on the instant passage from the Defendant’s relative around 2010 and expanded the width of the instant passage to three to four meters. From around 2010 to around March 7, 2015, the Defendant was able to pass a motor vehicle, including dump truck, along the instant passage route, from around 2015 to around around 200. The lower side of the instant passage route.