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(영문) 인천지방법원 2014.06.26 2013고단6307
일반교통방해등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, as the owner of Incheon Strengthening-gun D, is a part of the above land (hereinafter referred to as the "traffic route, width, about 4 meters) being packed with concrete in about 12 years prior to being used as the passage of neighboring residents, and is used for the passage of the general public in connection with roads in the village and nearby farming roads, and E is a person who performs civil engineering works in the F, and a person who is obliged to use the traffic route in this case for the passage of construction vehicles.

1. On August 3, 2013, the Defendant: (a) removed concrete with a width of 2.4 meters and length of 8 meters from the instant road; (b) removed concrete as above on August 9, 2013; (c) buried four boxes with a height of 7 cm and a height of 1 meter; (d) made it possible for the Defendant to prohibit the Defendant to enter; and (c) installed a sign sign sign at the end of one string, stating that “a road is not exclusive; (d) the road is not exclusive; and (e) the personal private land is private land is not private; and (e) interfered with the traffic of the land.”

2. The Defendant interfered with business by prohibiting the use of the passage of this case as described in paragraph (1) at the same time and place as described in paragraph (1). By force, the Defendant interfered with the work of the victim E’s civil engineering work at the same time and at the same time and place as

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses G in the second trial records;

1. E’s statement in the third protocol of the trial;

1. Application of accusation forms, on-site photographs, copies of land form and quality change permit certificates, copies of land register, survey results map of boundary restoration, and certified copies of cadastral map Acts and subordinate statutes;

1. Article 185 and Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of Commercial Concurrent Crimes. Article 40 (Punishment provided for in more serious Punishment for Interference with General Transport);

1. Selection of an alternative fine (a fine of KRW 1,00,000);

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day);

1. The grounds for sentencing under Article 59(1) of the Criminal Act are as follows.

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