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(영문) 대전지방법원 논산지원 2014.02.14 2013고정217
일반교통방해
Text

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

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

From May 13, 2013 to May 15, 2013, the Defendant: (a) fixed at the center of a road of 3 meters in width in Chungcheongnam-gun, Chungcheongnam-gun, the Defendant obstructed the traffic of the land through the land by putting one meter high above the floor into V; (b) laying a stone (35cm in length, 10cm in height) on the hack pipe; and (c) opening two oil pipelines on both sides of the hack pipe, thereby preventing the Defendant from passing through the land.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of the E’s petition (including photographs attached thereto), each description of each investigation report, or any video statute;

1. Relevant Articles of the Criminal Act and Article 185 of the Criminal Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for conviction of Article 334(1) of the Criminal Procedure Act is a crime of interference with general traffic under Article 185 of the Criminal Act, the legal interest of which is the protection of the general traffic safety of the general public. The term “land access” refers to a place of public traffic, namely, a place of public nature in which many and unspecified persons, vehicles, and horses are allowed to freely pass through without any specific person, and as long as it is recognized as land, the ownership relation of the site, traffic right relation, or passage relation or heavy and hostileness of traffic users are not prohibited.

(See Supreme Court Decision 2001Do6903 Decided April 26, 2002, etc.). According to the health team and the evidence duly adopted and examined by the court, the road of this case is a road mainly used by E, F, and their families, but it is recognized that neighboring residents visit F’s house, or that it is a road used by E, for the purpose of gathering sex to a tomb in the vicinity of F’s house, or the agricultural machinery leased by E, and thus, it is reasonable to view the road of this case as a public area for which many and unspecified persons or vehicles and horses can freely pass through.

The reason for sentencing.

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