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(영문) 광주지방법원 2016.04.21 2015고정1904
일반교통방해등
Text

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

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

Reasons

Punishment of the crime

1. The same year from around 22:00 on May 31, 2015, the Defendant interfering with ordinary traffic.

6.1.1. By up to 16:00, from the route adjacent to the Dong-gu Seoul Special Metropolitan City D Building (referring to 3.5m wide, 16m wide, 16m long, hereinafter “instant passage”), which is owned by the Defendant, the passage will be prohibited on the ground that E operating a neighboring parking lot does not pay any more tolls already existing, because it is a personal reason;

On June 1, 2015 of the closed date, "the banner stating "" was interfered with the passage of an unspecified number of vehicles that passed by posting a banner and parking a car.

2. The Defendant interfered with the operation of the victim’s parking lot by force by preventing customers who intend to enter a vehicle with the victim E’s parking lot in the date, time, and place set forth in paragraph (1) from entering the vehicle.

Summary of Evidence

1. Each legal statement of E, K, and L;

1. Application of Acts and subordinate statutes to on-site photographs of traffic obstruction, registers of relevant land on the site, neons maps, and field photographs;

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

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a person who interferes with general traffic more severe punishment);

1. Selection of an alternative fine for punishment;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The asserted passage of this case is not only a land owned by the defendant, but also a land owned by many unspecified persons, and there is another passage through which it can enter the victim's parking lot, and thus it does not interfere with traffic or business.

2. Determination

A. The crime of interference with general traffic under Article 185 of the Criminal Act is a crime of protecting the legal interests and interests of the general public’s traffic safety. Here, the “land-to-land” is either an unspecified number of people or unspecified persons without limiting to a specific person.

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