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(영문) 전주지방법원 2015.12.10 2015고단1067
일반교통방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 8, 2015, the Defendant parked the Efranchising car on the part of the land located in Dunsan-gu, Jeonju-si, on the ground that the land was owned by the Defendant (five meters wide) and prevented the passage of agricultural machinery on the land that was officially used for the traffic of the general public, and obstructed the traffic by making it considerably difficult for the residents to pass.

2. On February 12, 2015, the Defendant interfered with traffic by installing a steel fence on the part of the land located in Yansan-gu, Jeonju-si, on the ground that the land was owned by the Defendant (five meters wide) on the ground that it was the land owned by the Defendant (five meters wide) and blocking the passage of agricultural machinery and residents on the road, thereby blocking the passage of the public.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Partial statement of each police interrogation protocol against the accused (including the F, H, G, and I statement)

1. Statement made by the police of the F;

1. Each complaint;

1. Each fact-finding certificate;

1. Details of the cadastral map, full certificate of each registered matter, and comprehensive vehicle;

1. Application of Acts and subordinate statutes to each photograph (vehicle, steel fence, access road, etc.);

1. Relevant Articles of the Criminal Act and Article 185 of the Criminal Act concerning the crimes;

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

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

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

1. Summary of the assertion

A. The instant land is not an official land for the traffic of the general public. Thus, it does not constitute land for the obstruction of general traffic under Article 185 of the Criminal Act.

B. Although the Defendant parked a car on the instant land and installed a pent, it is possible to pass by residents, so it does not make it considerably difficult to pass or block traffic.

2. Determination

A. The instant land is subject to general traffic obstruction.

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