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(영문) 창원지방법원 2017.08.31 2017고정314
일반교통방해
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

The defendants are those engaged in agriculture, and the F is the owner of the building who sets a stable over a lot other than G in Kimhae-si.

The defendants recruited the defendants to prevent the studio from being polluted by the vehicles for the construction of the livestock shed using their own cirrors, strawers, etc. due to the problem of establishing the said livestock shed.

Accordingly, the Defendants: (a) around 16:00 on October 4, 2016, around Kimhae-si G, and (b) around 16:0, Defendant A parked the horse which he owns in the farm road; and (c) Defendant B left the above farm road through which the pumps, which are vehicles with concrete building, are allowed not to enter the farm road in such a way as to block the passage by parking mather, on the end of the farm road; and (b) Defendant B left the farm road through which the pumps, which are vehicles with concrete building, can move.

As a result, the Defendants conspired to interfere with traffic by causing the passage through land.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Partial statement of the witness F;

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Articles 185 and 30 of the Criminal Act: Defendants who choose to commit a crime and punishment;

1. Sentence Defendants: Fines of 300,000 won;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (the Defendants: KRW 100,000 per day)

1. The defendants of suspended sentence: Determination as to the defendants and their defense counsel's assertion under Article 59 (1) of the Criminal Act (the sentence against the defendants shall be suspended in consideration of various circumstances, including the fact that the defendants had no record of criminal punishment, and that the complainant was notified of the suspension order of construction from Kim-hae, and that the case was likely to have occurred due to the compulsory performance of construction works.)

1. Although there was an order to suspend construction from the assertion Kim-hae's viewing, the complainant forcibly performed livestock construction and the Defendants interfered with the passage of concrete pumps to prevent livestock pens construction, and such Defendants' act violates the social norms.

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