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(영문) 대전지방법원 2015.11.19 2015노1768
일반교통방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s father G, who is the land owner of a road connected to 901 local highway in Young-dong, Chungcheongnam-gun, Chungcheongnam-gun, Y of mistake of facts (hereinafter “instant forest road”), generally controlled the passage of the instant forest road, and individually permitted only to some village residents.

Therefore, even though the forest road of this case does not fall under the land of public nature with a public nature that many and unspecified persons, vehicles, and horses are free to pass, the judgment of the court below which found the defendant guilty of the charges of this case on the ground that the defendant interfered with the traffic of the road, is erroneous in the misapprehension of facts

B. The lower court’s sentence on the Defendant of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. 1) The court below found the defendant's family road of this case as legitimate in full view of the following circumstances, i.e., the defendant's family road of this case, 208, on the ground that the defendant's family road of this case was packed on around 2008, and the defendant's family road of this case was recently raised an objection, 3. There were no roads connected to 901 local road of this case other than the forest road of this case or there were other roads, and the forest road of this case appears to have been used mainly by many and unspecified persons or vehicles and horses, since the steel door was set up on the beginning of the forest road of this case, but there was no 15 years or more, or no slins are connected with the slins, so the defendant's family of this case was found to have been guilty.

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