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(영문) 청주지방법원 2013.07.18 2012고정1176
일반교통방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. In general traffic obstruction, the Defendant is a person who was entrusted with all development activities on the above land by D, the owner of the land in the Chungcheong-gun C, and E is a person who operated the “FFFFF” in the vicinity of the above land and used the farmland in the above land as part of the access route.

On April 7, 2012, the Defendant constructed a construction to reduce the width of farming roads, such as cutting farming roads by using a digging ranger, on the grounds that the property right of land is infringed due to the above farming roads, and made it impossible for the Defendant to pass on the road by forming a width of 50cc wide on the surface of the access road adjacent to the farming source.

Accordingly, the defendant interfered with the traffic by preventing the flow of vehicles that he want to pass through the above road.

2. The Defendant interfered with the business at the above time, place, and through the above method, damaged the passage of the victim to the “FF farmer” operated by the victim E so that customers can not pass through, thereby obstructing the victim’s operation of the CF.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Protocol of examination of the witness regarding G;

1. Examination protocol of the accused by the prosecution;

1. Application of each police protocol of statement to E and G;

1. Relevant provisions of the Criminal Act and Articles 185 and 314 (1) of the Criminal Act concerning the choice of punishment;

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion E arbitrarily expanded the width of the farm road of this case while operating the FF farmer, the Defendant reduced the width of the farm road in order to restore the original state, and even after the passage of large vehicles is impossible, it does not interfere with the general traffic since it is possible to operate a horse or car.

In addition to the farm roads of this case, E may also become the FF farm members.

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