(영문) 의정부지방법원 2018.02.13 2017고단2393

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(영문) 의정부지방법원 2018.02.13 2017고단2393

일반교통방해등

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Defendant shall be punished by a fine of KRW 5,000,000 (O million).

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

Reasons

Punishment of the crime

The Defendant is a person who operates a side experience farm with the trade name of “E” in Namyang-si, Nam-si.

Victim F is a person who operates a restaurant in the name of “H” in the Namyang-si, the immediately next side of Defendant’s operation E.

1. From December 2, 201 to May 17, 2017, the Defendant, at the entrance of H cafeteria (parking) operated by the Victim F, installed a steel fence of about 12.1m in length and about 85m to 92m in height, and obstructed the victim’s restaurant business by force by preventing vehicles from passing.

2. From November 23, 2013 to February 17, 2017, the Defendant: (a) installed a hacks with a length of about 5 meters on the 25th road of the Southern-si, which was operated by the Victim F; (b) obstructed the traffic of the public via the public and obstructed the victim’s restaurant business by force; and (c) obstructed the victim’s restaurant business by installing a hacks with a length of about 5 meters.

3. On February 17, 2017, from around February 21, 2017 to February 21, 2017, the Defendant: (a) installed a steel door of about 5 meters in length on the 25th road of the southyang-si, which is operated by the Victim F, along with the H cafeteria operated by the victim F; and (b) obstructed the traffic of the public on the land that is commonly used for the traffic of the general public and obstructed the victim’s restaurant business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, I, J, and K;

1. Statement by the police concerning L;

1. Flightman, satellite photographs of 2006, satellite photographs of 2012;

1. All on-site photographs;

1. Application of the cadastral map and aerial photography statutes;

1. Article 185 of the Criminal Act and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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 (2) of the Criminal Act to attract a workhouse.