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(영문) 전주지방법원 2016.02.04 2015고정875
일반교통방해
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

1. On May 9, 2015, from around 05:30 to around 10:30 on the same day, the Defendant obstructed the traffic of 11 residents of the village who sold 3 meters wide, a road, which has been used for a long time, as the only passage, through which he/she was leading to his/her meritorious service in Seojin-gu Seoul Metropolitan City, Seoul, and has been used for a long time.

2. On May 25, 2015, the Defendant: (a) around 17:00 on the road, the residents of the above village at around 17:0, obstructed traffic by installing a steel-frame net at about 3 meters in length, at the time of restoring the road with soil and gravel.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Criminal Act and Article 185 of the Criminal Act concerning the facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include: (a) the Defendant recognized all the crimes of this case and repented; (b) the Defendant removed the steel network installed on the road after the closure of pleadings of this case (the sentencing data submitted by the defense counsel on January 12, 2016); (c) the Defendant has no record of punishment for the same crime; and (d) the Defendant is aged 69 years old; and (c) considering the favorable circumstances, considering the nature and circumstances of the crimes of this case; and (d) the fact that the Defendant has good record of being punished several times due to the violation of the Road Traffic Act, etc., the Defendant’s character and conduct, the environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account various sentencing conditions under Article 51 of the Criminal Act as stated in the records of this case.

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