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(영문) 인천지방법원 2015.01.23 2014고정2503
일반교통방해등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

"2014 Highly 2503"

1. On April 14, 2014, from around 14:00 to 10:00 of the same month and from around 218:00 of the same month to June 4, 2014, the Defendant interfered with the passage of vehicles on the land, on which many and unspecified persons and vehicles and horses pass along, by setting up containers at the Incheon-gun C Road from around 18:00 of the same month and from around 218:00 of the same month to June 4, 2014.

2. The Defendant interfered with the duties of the Defendant interfered with the duties of the said “F” by obstructing the operation of the “F” customers and permanent cars located in Incheon Strengthening Military E, Incheon, which is operated by the victim D, by setting up containers gambling, painting, closed signboards, automobiles, etc. at the same time and place as the above paragraph (1).

"2014 High-level 3997"

3. On June 5, 2014, around 17:42 on June 5, 2014, the Defendant’s general traffic obstruction indicated “H” in the indictment of Incheon Strengthening-gun C, but it appears to be an error of “C”.

(See No. 1, No. 19 of investigation records). On the road side of a width of approximately six meters located in the road, the said “F”, on the ground that the Defendant, as the owner of the said road, did not pay the road usage fee, led the Defendant to a road through which many unspecified persons pass by using a container stuff (a. 6m, vertical length 3m, and height 2.2m) at the edge of the said road, using a park, by moving it to the center of the said road.

Summary of Evidence

"2014 Highly 2503"

1. Partial statement of the defendant (as of the fifth trial date);

1. Each legal statement of witness D and G;

1. On-site photographs;

1. Investigation report (on-site investigation) 2014, 3997;

1. Partial statement of the defendant (as of the sixth trial date);

1. Statement of the police officer to I;

1. Application of documentary evidence photographic Acts and subordinate statutes

1. The defendant and the defense counsel under Article 185 (General Traffic Obstruction and Comprehensive Title) of the Criminal Act and Article 314 (1) (Interference with Business) of the Criminal Act regarding criminal facts constitute a justifiable act or illegality, since the defendant only exercised a legitimate right as the owner of the above C's land.

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