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(영문) 광주지방법원 2013.05.16 2012고정2236
일반교통방해등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant, around June 27, 2012, posted a banner on the instant facts charged, flying approach to the said telecom prior to the DNA conference located in the Hamnam-gun C, and commits the same year.

7. At around 10:00, around 10:13. 10: (a) installed a hack pipe on the above road; (b) parked a vehicle after building the water network; (c) obstructed traffic by allowing many and unspecified persons, motor vehicles, and horses to walk freely through a road, and at the same time, interfere with traffic by exercising power as above, preventing them from entering the part of the construction, maintenance, and repair work of the victim E’s devices.

2. The purpose of Article 185 of the Criminal Act is to punish any act of causing damage to or infusing land, road, etc. or significantly obstructing traffic by causing damage to or infusing land, etc. or other means as a crime of interfering with general traffic safety under the legal interest protected by the said Act. The term "land access" refers to a place of public traffic by the general public, i.e., a place of public nature in which many and unspecified persons, vehicles, and horses are allowed to freely pass through, without limiting to a specific person.

(2) In light of the aforementioned legal principles, the Defendant is the owner of the Gela-gun, the 1,000 square meters and its 1stm205 square meters adjacent to the Gela-gun, the Republic of Korea, and the 1stm285m2 (hereinafter “victim”) on May 3, 2012. (See, e.g., Supreme Court Decision 2009Do13376, Feb. 25, 2010). According to the evidence adopted and examined by this Court, the Defendant is the owner of the Gel-gun, the 1stm285m2 (hereinafter “instant traffic”). The Defendant is the owner of the land of each of the above Moel-gun, the 1,005m2 adjacent to the Gela-gun on May 3, 2012.

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