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(영문) 청주지방법원 제천지원 2016.01.21 2015고정178
일반교통방해
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On September 19, 2015, around 15:00, the Defendant asserted the ownership of the relevant land on cement packaging roads at approximately 100 meters prior to the entrance of the E, which are widely known D, at approximately KRW 100 meters, and interfered with traffic by installing two facilities blocking entry into iron systems in the form of “cream”.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A report on investigation (Attachment of on-site photographs);

1. A report on investigation (attaching photographs);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 185 of the Criminal Act applicable to the crime and Article 185 of the Selection of Punishment Act [In the case of the election of punishment and the obstruction of general traffic, the term “land access” refers to the wide passage of land which is actually common use by the general public, and the ownership of the site does not prevent any ownership of the site (see, e.g., Supreme Court Decision 2007Do7717, Dec. 28, 2007). Even if, as alleged by the defendant, the road on which the facts constituting the crime are stated is invaded by the land owned by the defendant.

Even if such circumstance does not interfere with the establishment of a general traffic obstruction, and ultimately, it is recognized that the defendant who has committed an act such as the recording of a crime is also intentional to interfere with general traffic obstruction.

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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