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(영문) 광주지방법원 장흥지원 2018.04.19 2018고단16
일반교통방해
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 22, 2017, at around 14:00, the Defendant installed five strings (one cm high, 50cm high, 1cm high) using electric strings in order to prevent the passage of a concrete road, a motor vehicle, etc. located in the south Heung-gun, Seoul located in the name of his father, other than the instant case, which is his father’s father, and thus interfere with traffic by allowing the passage of the above strings that are common use for the traffic of the general public.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to internal investigation reports and investigation reports (whether this case roads are used for the traffic of the general public);

1. Article 185 of the Criminal Act applicable to the facts constituting an offense, Article 185 of the Criminal Act selective punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are confessions and reflects the defendant, reconciliations with neighbors who have been directly damaged by the defendant's crime of this case and submitted a written agreement that contains the purport of the penalty in terms of the defendant's age, sexual conduct, environment, background of the crime, circumstances before and after the crime, etc., and all the conditions of sentencing as shown in the pleadings shall be comprehensively considered and determined as the order.

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