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(영문) 창원지방법원 2018.06.15 2018고정16
일반교통방해
Text

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

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

Reasons

Punishment of the crime

The Defendant is a livestock farmer who runs a “D” in Kimhae-si, the Defendant is the owner of land E.

1. The Defendant, at around 13:00 on June 30, 2016, set up cement block (70cm) at the entrance (1 meter wide) above cement packaging roads, and obstructed the passage of the roads by G residents in Kimhae-si, including F, by blocking the passage of water (130cm high) above, on the ground that the name-unfinite employees in an adjacent factory prevent dumping waste into the said E land without permission.

Accordingly, the Defendant interfered with traffic.

2) On August 15, 2017, the Defendant 1 moved a pen (15m in length, 220m in height) already installed on the land owned by the Defendant from the cement Packing road (3m in width) between H, I, J and C around 10:0 to the road to reduce the width of the road by 1m, and the end of the pents of the part to the road to the road is installed more protruding off to the road, thereby making the passage to the land through which the residents of Kimhae-si, including F, G et al. pass.

Accordingly, the Defendant interfered with traffic.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of K Witness;

1. Statement made by the police with regard to F;

1. Complaints, on-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation, on-site photographs, and on-site medication;

1. Relevant Article of the Criminal Act and Article 185 of the Criminal Act concerning the facts constituting a crime;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. All of the roads in this case are owned by the defendant and his defense counsel, and they did not obstruct the passage of the above roads due to the defendant's act, and the defendant did not have any intention to obstruct the traffic of the roads.

2. Article 185 of the Criminal Act of the judgment.

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