2016 Highest 6300 General traffic obstruction

A

Term of Office (prosecutions) and literacy (Public Trial)

Attorney B (Korean National Assembly)

March 22, 2017

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

I would like to commit crimes

The Defendant is the representative director of Corporation D, a corporation holding shares of 5,125 square meters in the area of 9,124 square meters in Busan Geum-gu C forest. On February 19, 2016, the Defendant interfered with passage through land by installing a wire network at approximately 120 meters in the entrance of the above access road and its surrounding area, on the ground that the access road leading to the Busan Geum-gu E, which has been used by village residents in the above forest for at least ten years from the above forest and field is included in the above forest and that the village residents pass through without paying any tolls.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police officer to I;

1. The defendant asserts to the effect that the act of blocking the access road does not constitute a general traffic obstruction because the access road in the judgment of the court below is not a "land" provided for many unspecified persons, or since the access road in the judgment of the court below was opened as a substitute for traffic obstruction, such as a complaint letter, land registration, complaint letter of the previous case, indictment of the previous case, Busan District Court decision, field photo, traffic obstruction case, photograph, etc. (the defendant's submission of a photograph) (the defendant's submission of a photograph). However, in full view of the evidence in the judgment, it can be recognized that the access road was used by many unspecified persons, including the village, for more than 10 years, and even if it was opened as a substitute, it constitutes a general traffic obstruction even if it was opened as a substitute, the defendant's assertion is rejected in its entirety).

1. Article applicable to criminal facts;

Article 185 of the Criminal Act

1. Selection of punishment;

Imprisonment Selection

1. Suspension of execution;

Article 62(1) of the Criminal Act (Taking into account favorable circumstances among the following reasons for sentencing):

The reason for sentencing is that the defendant, even though he had the record of being fined due to general traffic obstruction, has continuously obstructed traffic in the same place, but it seems to have caused the crime of this case in mind that the defendant's property right infringement due to traffic has been obstructed. In addition, the defendant's age, character and behavior, environment, circumstances leading to the crime, means and methods of the crime, result, etc. shall be determined as ordered by taking into account the conditions of sentencing, such as the circumstances after the crime

Judges Boh-ho