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(영문) 춘천지방법원 2012.05.10 2012고정43
일반교통방해등
Text

Defendant

A and B shall be punished by each fine of KRW 500,00, KRW 300,00, KRW 300,000, KRW 300.

The Defendants respectively.

Reasons

Punishment of the crime

The Defendants, as residents of the G of the Gangwon-gun, tried to interfere with the construction of a large mass industry that the victim H runs in the above I and J, and conspired to prevent the passage of the construction vehicle by installing the Defendants’ vehicles on the access road to the above construction site alternates.

1. Defendant A and Defendant B set up a road set up in the Handop car owned by the Defendant A and a N-to-small-sized car owned by Defendant B alternately from March 21, 201 to August 18:00, 201, prior to the “L” welfare facility located in the said K from March 10, 2011.

2. On September 4, 201, from around 08:00 to around 18:00 of the same day, Defendant E set up a P free car owned by the Defendant’s wife on the Korean-style road set up under the above paragraph (1) and obstructed the said road.

3. Defendants C, D, and E set up a track on the Korean-style road set forth in the above paragraph (1) from October 4, 201 to October 10, 201, and obstructed the said road.

As a result, the Defendants conspired to interfere with the victim's mass construction work by force, and interfered with the passage of vehicles to pass on the road.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness H, Q and R;

1. Each police interrogation protocol against the Defendants

1. A report on investigation (Attachment of a field photograph);

1. Issuing a building report completion certificate, copy of the current status of construction site cadastral records, and the application of statutes on construction contracts;

1. Defendants: Article 185 of the Criminal Act (the point of general traffic obstruction and the selection of fines) and Article 314 (1) of the Criminal Act (the point of interference with business and the selection of fines).

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Determination on the Defendants and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act.

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