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(영문) 인천지방법원 2017.11.10 2017고정2342
일반교통방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 20, 2016, from around September 26, 2016 to around September 26, 2016, the Defendant installed a light flag on the road of about three meters wide-breadth in Incheon Strengthening-gun C, and accumulated miscellaneous trees, waste joint plates, etc. to make it impossible or considerably difficult for the Defendant to pass through the said area, thereby hindering traffic of many and unspecified persons or vehicles.

Summary of Evidence

1. Statement made by the police against D or E;

1. Application of Acts and subordinate statutes on the report of investigation;

1. Article 185 of the Criminal Act applicable to the facts constituting an offense, Article 185 of the Criminal Act selective punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defense counsel’s assertion on the defense counsel under Article 334(1) of the Criminal Procedure Act alleged to the effect that the defendant’s act is not unlawful as it does not go against the social norms. However, according to the evidence above, the defendant’s act is contrary to the social norms, since it appears that the defendant’s act is contrary to the social norms, such as the money that the defendant should use the road of this case, and the acts that cause extremely inconvenience to the neighboring residents, such as those of the people

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