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(영문) 청주지방법원 제천지원 2017.03.30 2016고정136
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

The Defendant owned a site C in Ycheon-si, and was using part of the above site as farming for several years, and the Defendant came to know that there was a farming road on the above site through a around 2013 survey, and around August 25, 2016, the Defendant interfered with the traffic on the land by piling up soil and stones from the above farming road with earth and rocks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of E and F;

1. Statement made by the police for E;

1. Investigation report (case as to whether it falls under the land category), investigation report (case as to whether it is the change in land ownership);

1. A certified copy of cadastral map and each land register;

1. Each on-site photograph, on-site photograph, and snow (the defendant and his defense counsel are not roads used by the general public, but roads used by the general public, and the defendant only he he he he he he he he he he he he he he he he he he he he up up with earth and rocks, so there was no intention to obstruct the traffic of the land.

The argument is asserted.

However, the following circumstances revealed by the above evidence, namely, the farming road of this case was packed by Sejong E, etc. and the Defendant became unable to move with the above farming road due to the piling up of soil and stones, and E suffers great inconvenience in daily lives, such as farming and coal supply and demand. The farming road of this case was used as a road for the passage of a horse, etc. even before being packed, and was currently packed and used as a road for the passage of people and vehicles since 1000, and the Defendant did not take any other legal procedures, such as civil litigation, on the ground that part of the farming road of this case was invaded by the boundary of the land owned by the Defendant, and thus, it constitutes a road used by the general public, and it is sufficiently recognized that the Defendant had intention to interfere with the traffic of land.

Defendant

and his defense counsel;

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