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(영문) 전주지방법원 남원지원 2017.05.16 2016고정85
일반교통방해
Text

Punishment on the accused shall be determined as a fine of 700,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around the end of 2014, the Defendant: (a) laid down part of farming roads connected to Namwon-si, with the Defendant, on the said farm roads, pipe, stone dump, steel dump, steel dump, strawing, etc. on the ground that some of them were owned by the Defendant himself.

2. On May 2016, the Defendant changed part of the farming paths connected to E into one’s own possession, on the ground that part of the farming paths connected to E was owned by himself, and the Defendant saw the said farming paths into one’s own.

The Defendant interfered with traffic by making each side of the above land unfolded.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A protocol and attached documents concerning the examination of partially the accused to the prosecution;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act shows the attitude of denying and not opposing the criminal defendant.

However, the Defendant seems to have committed the instant crime due to lack of legal knowledge as a neighboring landowner.

In addition, the disputes related to the case in this case are expected to be settled to some extent.

In the process, the defendant seems to have given a certain degree of concession.

In full view of these circumstances and the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, etc., the punishment lower than the summary order shall be determined.

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