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(영문) 창원지방법원 거창지원 2017.06.09 2016고정139
일반교통방해등
Text

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

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

Reasons

Punishment of the crime

1. In general, the Defendant: (a) placed obstacles on the access road to the “E pension” access road owned by the victim D located in Namwon-si, Namwon-si; (b) laid the road in two places near the said “E pension”; and (c) opened the road in two places near the said “E pension”; and (d) made it impossible for the Defendant to pass the vehicle to hear the said road used for the traffic of the general public.

2. Around June 16, 2015, the Defendant interfered with the business of the Defendant: (a) called “the owner of the penture” and “the owner of the penture, and would report to the police without the penture”; and (b) obstructed the victim’s E-penture construction work by force by putting the gate of the penture with the steel company, etc. to prevent the employees from entering the work.”

Summary of Evidence

1. Each legal statement of witness F and G;

1. Statement made by the police against D;

1. A complaint filed in D;

1. Application of the Act and subordinate statutes to investigation reports (Attachment of EM pents site photographs);

1. Relevant legal provisions concerning criminal facts, Article 185 of the Criminal Act (the point of obstructing general traffic), Article 314 (1) of the Criminal Act (the point of obstructing business), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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