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(영문) 청주지방법원 영동지원 2017.11.30 2016고정59
일반교통방해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

While the Defendant owned the land in Chungcheongnam-gun-gun-gun, the Defendant was included in the above D land, part of the adjacent concrete packaging paths, which had been known to belong to E during the course of surveying while constructing a new house at the same time.

For the reason that it was confirmed, it was thought that the said concrete packaging paths should block the surveyed part of their own.

On February 2, 2016, the Defendant: (a) installed steel posts at the entrance of the concrete packing path; (b) installed steel stuffs at the entrance of the concrete packing path; (c) removed steel stuffs and hacks installed at the entrance of the Defendant; and (d) installed steel gates instead.

Accordingly, the defendant interfered with traffic by blocking the passage through the land.

Summary of Evidence

1. Application of Acts and subordinate statutes, such as each investigation report (Evidence No. 21, 22 of the evidence list), development act (change No. 21, 22) permission, completion of a report on change of use of construction and large-scale repair of a building, records of cadastral surveys, building status map, cadastral map, location of a civil petition, and one copy of a photograph of the police report concerning H in the protocol of the prosecutor's statement by the defendant's

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;

2. A fine of three million won, which is to be suspended;

3. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse. (100,000 won per day converted)

4. Determination of the assertion of the Defendant and the defense counsel under Article 59(1) of the Criminal Act of the suspended sentence

1. Summary of the assertion

A. The concrete packaging paths as indicated in the facts charged of the instant case (hereinafter referred to as the “traffic roads in this case”) are passing through F, J, K’s owner of land (hereinafter referred to as “I land,” and the land of this Ri is indicated in the same manner) H and L’s owner, the owner of the instant land. The Defendant, at the entrance of the instant traffic roads in this case, set up a steel box and connected the hacks with the hacks on February 2016 and removed the said steel box and hacks on March 2, 2016 (hereinafter referred to as “the steel box”).

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