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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
At around 10:00 on November 27, 2014, the Defendant: (a) parked the Defendant’s ewing Franc vehicle on the alley, which is owned by the Defendant, on the ground that D, residing in the front house, was infringed on the view right by extending the house of 370 cm in front of the Defendant’s house located in Busan City, from the non- packing alley of 370 cm in front of the Defendant’s house, thereby interfering with the traffic of the land used for the general public.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of the Acts and subordinate statutes concerning cadastral map and investigation report;
1. Article 185 of the Criminal Act applicable to the crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 and 69 (2) of the Criminal Act (in cases of the inducement in a workhouse, 100,000 won a day);
1. It is true that the reason for sentencing under Article 59(1) of the Criminal Code (the suspended sentence: fine of KRW 3,000,000) of the suspended sentence causes considerable inconvenience to the victim due to traffic obstruction of the defendant.
However, the defendant seems to have committed the crime of this case in the concerns that the victim's right to enjoy sunshine and the right to view of his own building is considerably infringed due to the extension of the above house (the possibility of actualizing it), and in addition, even though it is the land owned by himself/herself in the above alley length, the victim was performing the construction without making efforts to sufficiently understand and compromise the defendant, and it is thought that the member of the related administrative agencies did not seem to have slaved, and that it failed to fully consider the violation of the law.
There is no record of criminal punishment other than a long fine on two occasions.
In addition, taking into account the various sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, health conditions, home environment, motive, means, results, etc., the punishment of the Defendant for the instant crime shall be determined as the disposition.