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(영문) 의정부지방법원 2014.06.12 2012고정3085
일반교통방해등
Text

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

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

Reasons

Punishment of the crime

The defendant is a constructor who owns a street-based C, D, E, or F land in the sports site.

1. Obstruction of general traffic;

A. From August 23, 2012 to 13:00 on August 23, 2012, the Defendant parked GNS vehicles and HNXG vehicles on the roads (large 4m, length 80m) on the ground that the site located in Gyeonggi-gun C is one’s own land, and thereby interfered with the traffic of the land freely passing through the public, by preventing the passage of the victim K and L, to enter the Gyeonggi-si I, and the construction site located in J from the said road.

B. The Defendant parked the said vehicles from around 08:40 on August 24, 2012 to around 18:20 on the same day in the same manner as above, thereby hindering the free flow of land through which the general public pass by blocking the passage of the victim K.

2. The Defendant interfered with the business by force, by preventing the passage of the construction vehicle to enter the construction site located in Gyeonggi-gu I by the means as above, at the time and place specified in paragraph (1) and (b) of this Article, thereby obstructing the victim’s legitimate business by force.

Summary of Evidence

1. The defendant's partial statement concerning each crime on August 23, 2012 (the date on which the tenth trial is made);

1. The defendant's legal statement concerning each crime on August 24, 2012 (the date on which the tenth trial is made);

1. The statements of witnesses K and L in the third protocol of trial;

1. Each statement of witnesses M and N in the fourth trial records;

1. Results of on-site inspections conducted by this court;

1. Descriptions and video Acts and subordinate statutes applicable to each field photograph, cadastral map, building report completion certificate, report completion certificate, each certified copy of the register, and investigation report (Attachment of field photographs);

1. Article 185 of the Criminal Act and Article 314 (1) of the Criminal Act concerning the facts constituting an offense (a point of interference with business) of the relevant Act;

1. On August 23, 2012, general traffic obstruction and interference with business under Articles 40 and 50 of the Criminal Act are between the ordinary competition crimes and interference with business.

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