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(영문) 대전지방법원 공주지원 2015.01.23 2014고정90
일반교통방해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant owns part of C and C in public cities.

During the period from August 30, 2013 to April 19, 2014, the Defendant: (a) brought six parts of the above to the farm road around C before C before C on the ground that D is operated a motor vehicle and damaged agricultural crops by impairing his/her own land by getting out of the farm road; (b) he/she stored them on the farm road; and (c) interfered with the traffic of the farm roads through which general vehicles pass by installing steel stuffs and their water networks at the center of the farm road.

2. The term "land-based" means a place where the general traffic obstruction under Article 185 of the Criminal Act is a crime, the legal interest of which is the protection of the general public's traffic safety. The term "land-based" refers to a place where the general public is used for traffic safety, i.e., a place with a public character where many unspecified persons, motor vehicles

(2) In light of the aforementioned legal principles, the following circumstances are as follows: (a) the road of this case was a narrow channel that the Defendant originally gets unable to pass a bicycle; (b) the road of this case was set up a farm road for temporary passage, such as a light of nearby farmers, including himself/herself; (c) the road of this case opened by the Defendant is merely 1-1.5 meters from its original width; (d) it is difficult for the Defendant to pass a road on a regular basis without any influence on the dry field that the Defendant cultivated; and (e) the road of this case is not connected to other roads. The six persons using the road of this case are six persons who cultivate dry field around the road of this case, and it appears that other farmers other than D, except D, do not use the road of this case for regular passage of the vehicle. Accordingly, the construction of the road of this case and the statement of statement of witness D, the current state of D's passage, and the statement of the witness of this case.

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