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(영문) 대전지방법원 천안지원 2017.11.30 2017고정319

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

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


Punishment of the crime

On April 8, 2014, the Defendant purchased and owned C forest land in Asia-si on April 8, 2014.

The Defendant knew of the fact that a concrete packing road (194 square meters) located in the above forest and field had been used for the traffic of many and unspecified persons for a long time before purchasing the above forest and field, the Defendant installed 3 meters in length in the front and rear side of the above concrete packing road on June 9, 2016, and installed pents with a height of 1m high.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each statement protocol (E, F);

1. On-site photographs and copies of court adjustment protocol;

1. Investigation report (G head and telephone communications) (The defendant and his defense counsel asserts as follows:

Since the concrete packaging road written in the facts charged is not a road for the general public, but a road for the general traffic obstruction, it is not a "land passage" as stated in the facts charged.

The conciliation was concluded in October 29, 2015 from the civil litigation (Sacheon District Court Branch 2015Ga group 2436) between the defendant and E. At the time of conciliation provisions, the defendant is permitted to pass through concrete packaging roads for criminal facts to others.

“The provisions include the provisions (10 pages of investigation records). In other words, those who can pass through the above concrete packaging roads are included not only E but also other persons.

In fact, the above concrete packaging roads are used by those who run a weekend farm or conduct landscaping business in the vicinity of Asan City C forest, including E, D, F, etc. (the witness D’s statutory statement, F’s statement protocol, and telephone communications in this Chapter). As such, the concrete packaging roads that contain criminal facts are places of public nature in which many and unspecified persons or enders can freely pass.

The defendant and his defense counsel shall equal the packaging itself of concrete roads entered in facts constituting the crime.