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(영문) 창원지방법원 2015.10.21 2015노1344
일반교통방해
Text

1. The defendant's appeal is dismissed;

2. All the costs of the trial by the court below and the party deliberation shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles do not constitute a public land which is the object of the general traffic obstruction, and as such, it is possible for people to pass after two hack pipe columns and chains are installed, it does not constitute a general traffic obstruction.

B. The sentence (two million won of fine) imposed by the lower court on the grounds of unreasonable sentencing is excessively unreasonable.

2. Determination

A. Determination of misunderstanding of facts and misapprehension of legal principles 1) The summary of the facts charged in the instant case was corrected by “A” to “A” in the judgment of the court below.

hereinafter referred to as “instant land”).

(A) the owner of the above land on the ground (hereinafter referred to as “instant road”).

(1) On November 12, 2013, the Defendant used a village resident as well as a village resident in connection with D land as the only passage to the road. On November 13:00, the Defendant 2013, the Defendant 200 square meters on the above road, including: (a) 2 of the pipe pole on the ground that E, the owner of D land, who was not in good reputation due to the passage of the road of this case, prevents him from passing through the road of this case; (b) installed chain between them, and prevents E, etc., from passing through the road of this case; and (c) until December 27, 2013, the “C” listed in the annexed crime daily list of annexed crimes No. 1 until December 2013 is corrected to “O”; and (d) the Defendant interfered with traffic of the road of this case on seven occasions as above, 208.28 square meters on the road of this case, 200 square meters on the road of this case, 208.284 square meters on land.

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