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(영문) 대전지방법원 2015.06.04 2014고정1908
일반교통방해
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On April 6, 2014, the Defendant obstructed passage through land by closing iron doors installed on a road connected to the 901 local highway from Chungcheongbuk-do, Chungcheongnam-do, Chungcheongnam-do, through the locking machines or vehicles, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Submission of written replies and business plans for regional interest projects;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Articles of the Criminal Act and Article 185 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. G, the landowner of the road connected to the 901 local highway in Young-gun, Chungcheongbuk-do (hereinafter “instant forest road”) was generally controlled by the passage of the instant forest road, and only some village residents allowed the passage individually.

Therefore, the forest road of this case does not fall under the land of public nature in which many and unspecified persons, vehicles, and horses can freely pass.

2. Determination

A. The purpose of the crime of interference with general traffic under Article 185 of the Criminal Act is to punish all acts making it impossible or remarkably difficult to pass by by causing damage to or infusing land, road, etc. or interfering with traffic by other means. The term “land access” refers to a place of public traffic by the general public, namely, a place of public character in which many and unspecified persons, vehicles, and horses are allowed to freely pass by, without limiting to, a specific person.

(Supreme Court Decision 2009Do13376 Decided February 25, 2010). B.

Comprehensively taking account of the evidence in the judgment, the following facts are recognized.

1. The forest road of this case is established in G-owned land, the father of the defendant.

In order to preserve the water quality of valleys around 1997, the Young-dong Military Service shall in this case.

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