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(영문) 대전지방법원 논산지원 2017.02.14 2016고정127
일반교통방해등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. On September 9, 2016, the Defendant: (a) around 20:45 on September 2016, 2016, obstructed traffic by setting up a Trackter owned by the Defendant on the road of the first line D Mart located in front of the D Mart located in Seosan-si, and allowing the Defendant to pass the Track for the traffic of the general public.

2. On September 10, 2016, due to the fact described in paragraph 1, the Defendant: (a) went home after an investigation conducted by the Police Station around 00:20 on September 10, 2016; and (b) was taken measures for returning home; (c) the Defendant, without returning home immediately; and (d) left the place specified in paragraph 1 with the Defendant’s Trackor, by means of force, interfered with the operation of the venue by parking the Trackor immediately front of the event site and obstructing customers from having access to the event site.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Statement made by the police with respect to F;

1. 112 A list of reported cases;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 185 of the Criminal Act (the point of obstructing general traffic), Article 314 (1) of the Criminal Act (the point of obstructing business), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act;

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