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(영문) 울산지방법원 2013.09.27 2013고정562
일반교통방해
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, at around 10:00 on November 8, 2012, at approximately 200 meters in length, approximately 8m concrete roads located in Yangsan-si, Yangsan-si, and at approximately 8m wide, obstructed traffic for about 3 hours by making use of a scke, with three rocks (minimum size: 1 meter in width, 80cm, height, 80cm, height, minimum size: 80cm: width: 60cm in width, 60cm in width, 60cm in height, and 60cm in height).

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness D and E;

1. Partial statement of the witness F in the court;

1. A complaint, a photograph;

1. Application of the Acts and subordinate statutes to report on investigation (exploiting photographs);

1. Article 185 of the Criminal Act and Article 185 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. On the end of the road of this case, the defendant and his defense counsel's assertion that the road of this case of this case in this case contains any other place than the building used by the complainant D, and thus there is no public nature.

In addition, there are three higher parts at the center of the road.

Even if it is possible to pass the vehicle by side of the road, it does not interfere with the general traffic.

2. The purpose of Article 185 of the Criminal Act is to punish any act of causing damage to or infusing land, road, etc. or significantly obstructing traffic by causing damage to or infusing land, etc. or other means as a crime of interfering with general traffic safety under the legal interest protected by the said Act. The term "land access" refers to a place of public traffic by the general public, i.e., a place of public nature in which many and unspecified persons, vehicles, and horses are able to freely pass through, without limiting to a specific person.

Supreme Court Decision 200

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