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(영문) 수원지방법원 2015.06.05 2014노5935
일반교통방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the Prosecutor’s summary of the grounds of appeal, even if the Defendants were able to pass through the road of this case even before they sump trucks or ready-mixeds with a large amount of vehicles, such as dump trucks or ready-mixeds, are sufficiently recognized, the court below found the Defendants not guilty of the facts charged of this case through fact-finding. Thus, the court below erred by misapprehending the facts.

2. According to the evidence duly adopted and examined by the court below, it is reasonable to view the road of this case as follows: (a) as the small-scale road, which was originally able to pass through a large vehicle of ready-mixed, etc., was wide due to the vehicle of ready-mixed, etc., which entered for the construction of H, it is reasonable to view that the Defendants’ act as stated in the facts charged and return to its original state is nothing more than the Defendants’ act.

Therefore, the fact-finding by the court below is just, and even if the remaining evidence submitted by the prosecutor is examined closely, the evidence alone, which corresponds to the facts charged in the instant case as alleged by the prosecutor, is insufficient to accept the facts charged in this case, and there

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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