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(영문) 창원지방법원 2018.01.11 2017노3092
일반교통방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. On February 5, 2015, with respect to the fact-misunderstanding and legal doctrine 1), the Defendant: (a) stored soil on the land at the time on February 5, 2015, on the ground that the Defendant: (b) left the part to the extent that the vehicle could pass; and (c) was short of the time for piling up soil; (d) therefore, there was no interference with traffic or interference with business.

2) On February 22, 2016, the Defendant did not interfere with, or interfere with, traffic by doing any act identical to that described in this part of the facts charged.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. On February 5, 2015, the Defendant’s summary of the factory laboratory room is a person who is delegated by ownership of C and D land and the victim E is a person who operates a G camping site and H deaf source from the F in Yangyang-si.

On February 5, 2015, the Defendant obstructed the entry and exit of vehicles entering the above camping site by means of piling up more than 20 meters wide on the land side (hereinafter “instant land”) along which the Defendant entered the above camping site in the said Defendant’s land.

As a result, the defendant interfered with the traffic of the road and interfered with the operation of the camping site by force.

2) The lower court found the Defendant guilty of this part of the facts charged by compiling the evidence.

3) The purpose of Article 185 of the Criminal Act is to punish any act that makes it impossible or considerably difficult to pass through by destroying or infusing land, etc. or obstructing traffic by other means, and to the extent that it causes somewhat inconvenience to the passage of people or vehicles.

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