Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 11:00 on November 10, 2018, the Defendant: (a) requested the Korea Coast Guard and the Korea Land Information Corporation branch to conduct a divisional survey on the said B; (b) however, on the said road, the Defendant installed iron blockers ( approximately 380 cm in length, about 90 cm in height) and obstructed the traffic of the land on the ground that it does not cause a divided survey on the said road; (c) on the road, the Defendant requested the Korea Coast Guard and the Korea Land Information Corporation branch to conduct a divisional survey on the said B.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of each on-site photograph, cadastral map, and aerial photography statutes;
1. Article 185 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of applicable sentences: Imprisonment for one month to ten years;
2. Scope of recommending types: Setting of unspecified sentencing criteria.
3. On February 25, 2016, the Defendant: (a) purchased the instant land; (b) applied for a survey to divide the instant land; (c) however, the Intellectual Property Corporation rejected the survey on the ground that there is a problem of cadastral inconsistency (which does not match the boundary registered in the cadastral map with the actual boundary) among neighboring lands, including the instant land.
On the other hand, the Defendant filed a civil petition with the Anti-Corruption and Civil Rights Commission, the audit officer of the Ministry of Land, Transport and Maritime Affairs, etc., but did not complete the survey.
Accordingly, the Defendant installed the instant iron bars for the purpose of generating civil petitions by neighboring residents and resolving the problem.
The motive and circumstances of the instant crime cannot be understood entirely.
However, the defendant, for his economic purpose, installed a blocking machine on the only passage to the village for his own economic purpose, thereby hindering the passage of village residents (six households), thereby causing great inconvenience to his lives.
On the other hand, the delivery employees are located at a distance because the door-to-door vehicle, coal, and LPG delivery vehicle are not entering the village.