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(영문) 수원지방법원 여주지원 2018.11.14 2018고정527
일반교통방해
Text

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

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

Reasons

Punishment of the crime

The Defendant appears to have removed the decline before July 2018, 2018, from May 2017 to July 6, 2018.

(See 25, 45) The summary of the evidence which interfered with the passage of many unspecified persons by installing a hacker on both sides of the roads on the ground that the current status of approximately 2.5 meters up to the investigation record belongs to the above land owned by the defendant, and by laying down a hacker and correcting it.

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. The Defendant asserts that the present situation of this case is one’s own private land and without permission, the traffic users using the above road cause damage to the property.

According to the evidence adopted and examined by this court, the current status of this case has been used as a passage to farming roads, etc. since 1996, and the residents, visitors, and visitors in Section D of this case who set up farming houses in neighboring farmland, can be recognized as having passed through using the above status roads.

The general traffic obstruction under Article 185 of the Criminal Code is punished by the act of obstructing traffic by using land, etc. In fact, the term "land passage" refers to the land passage widely used for the traffic of the general public, and the ownership relation of the site, the relationship of the traffic relationship, or the relation of the traffic and the traffic of the traffic users are not much or less.

Therefore, regardless of whether the current status roads of this case are private roads of the defendant, or whether a person without the permission of the defendant passes the roads, or whether the passageer commits an unlawful act that damages the defendant's other property in the opportunity to pass the roads above, the defendant's act of blocking the passage of the roads of this case by blocking the passage of the roads of this case on the hackline shall be punished by traffic obstruction.

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