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(영문) 전주지방법원 2016.02.16 2015고단1082
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

Defendant, D, E, and F are residents of H villages located in Kim Jong-si G.

The defendant has ownership over the "forest roads opened from the entrance to the H village at Kim Jong-si in 2000".

In this regard, the above D, E, and F have argued that it should not block the above forest road since the village residents passed the forest road continuously after the construction of the forest road.

1. On May 26, 2014, the Defendant: (a) installed two strings in the road on the ground that the said land was owned by the Defendant; and (b) installed two strings in the road on the ground that the said D residing in K, even though the land was owned by the Defendant; and (c) prevented other people from passing the road through the vehicle.

Accordingly, the Defendant interfered with traffic by making the Defendant go through the land.

2. The Defendant: (a) opened five the above roads on the roads packed in Kim Jong-si L at the time of the above day, on the ground that he could not grow trees on the grounds that he continued passing through the road while he was owned by the Defendant; (b) opened five the above roads on both sides of the above roads; and (c) remarkably reduced the width of 1m and 0.5m in depth on both sides of the road so that other people are prevented from passing the road through the vehicle.

Accordingly, the Defendant interfered with traffic by making the Defendant go through the land.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Each legal statement of the witness F, E, and D;

1. Each police statement made against D, E, or M;

1. A complaint;

1. A investigation report (the on-site investigation of forest roads);

1. Cadastral map (mark of place of traffic obstruction), certificates for all matters to be registered, and cadastral map;

1. Application of each on-site photograph and airline statute;

1. Article 185 of the Criminal Code (Selection of Penalty) as to the facts constituting an offense.

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