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(영문) 수원지방법원 여주지원 2016.09.20 2016고단746
일반교통방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, as the owner of land D and E on May 18, 2016, installed a 2.4m wide on the road, height 2m high, 30m high, 18m high, and obstructed the traffic of the land by installing a fence fence with a width of 2.4m on the road, with a view to preventing the flow of the construction vehicle on the cement packing road of 3m wide which was established and used as a contribution to the ground.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Photographs;

1. Land register;

1. Application of Acts and subordinate statutes on investigation reports (investigation into sources, such as dump vehicles);

1. Article 185 of the Criminal Act applicable to the facts constituting an offense, Article 185 of the Criminal Act selective punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not completely make the traffic of vehicles impossible due to the Defendant’s act, but the passage of large trucks is restricted. The above general traffic obstruction or obstruction of business, which frequently occurred in both horizontal areas, cannot be denied that there is a aspect of exercising private property rights from the standpoint of the previous owners of the same land as the Defendant, due to a dispute between the existing residents who have constructed a road and the construction business operator who uses the road free of charge and the owner of a new electric-use house, etc., and that it is difficult to resolve the dispute arising from the free use of the existing road with the owner of a new building. The Defendant is the first offender who had no history of punishment prior to the instant crime. After the completion of the pleadings of the instant case, the Defendant’s order should be determined by taking into account the favorable circumstances such as restitution, such as the Defendant’s age, motive, means and result of the crime, etc., and the circumstances after the crime.

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