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(영문) 춘천지방법원 2016.05.26 2015노133
일반교통방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of legal principles) is that the road existing on the map C, the name of which is the map C, and is used by neighboring citizens and restaurant residents, and thus it constitutes a land used for the traffic of the public, and thus, it does not constitute the land of interference with general traffic.

The court below erred in the misapprehension of legal principles.

2. According to the evidence duly adopted and examined by the court below, there is no evidence to find that there is no authorization plant, warehouse, etc. around the road of this case and the above road is located in a place without people's passage, and there is no other evidence to find that many unspecified people frequently used the above road.

Therefore, the road in this case does not correspond to the land stipulated in the general traffic obstruction.

The judgment of the court below is just and there is no error in the misapprehension of legal principles.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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