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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On March 1, 2017, through a road owned by the Defendant in front of Gyeonggi-gun, Gyeonggi-do (hereinafter “instant road”) around 07:50 on March 1, 2017, the Defendant: (a) parked the E-Poter vehicle on the road of this case to narrow the road equivalent to 4m wide to 2.3m wide; and (b) was remarkably difficult for neighboring residents F, G, etc. using the said road to drive the land rent, pumps, etc. via the said road.
Accordingly, the defendant, by force, interfered with the victim D's work and at the same time interfered with the land used by the general public.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police against D;
1. Written statements of D;
1. A report on internal investigation (on-site mobilization, etc. and on-site investigation), notification to the department reporting the 112 Incident, and a survey map of the current status;
1. Each on-site photograph (the part of the road of this case where the defendant parked a cargo does not correspond to "land-to-land" as provided by the general traffic obstruction under Article 185 of the Criminal Act, and a small vehicle may pass along the parked cargo vehicle. Thus, the defendant's act does not constitute a crime of interference with general traffic or business.
The argument is asserted.
In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, ① “land access” as provided by the general traffic obstruction under Article 185 of the Criminal Act refers to the road passage widely used for the traffic of the general public. The part on which the Defendant parked a freight vehicle on the road in this case is the road, and is the road, and the neighboring residents used it for a considerable period of time (such as “land access”). (This part of the freight car was parked in part of the road in this case.
(2) The width of a vessel shall be determined by the Presidential Decree.