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(영문) 창원지방법원 진주지원 2013.10.22 2013고정491
일반교통방해
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant took advantage of D’s temple D located in the Gyeongnam-gun, Gyeongnam-gun, the Gyeongnam-gun, and (b) from around 10:00 on December 22, 2012 to around 16:05 on the access road of E to the said temple (c) from around 10:0 on December 22, 2012, thereby hindering the flow of traffic on the land through which ordinary vehicles pass by parking a motor vehicle of the A half-meter.

2. Determination

A. The purpose of the crime of interference with general traffic under Article 185 of the Criminal Act is to punish all acts making it impossible or remarkably difficult to pass through by causing damage to, or infusing land, etc., or interfering with traffic by other means, as an offense under the legal interest protected by the said legal interest (see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 1995). The term “land access” refers to a place of public traffic by general public, namely, a place of public character, in which many and unspecified persons, or vehicles and horses are able to freely pass through without limiting to a specific person.

(2) On February 25, 2010, the following facts are revealed: (a) according to the evidence duly adopted and examined by the court, the Defendant opened a non-packaged road with a width of about 2.5 meters and about 30 meters in length (hereinafter “instant access road”); (b) the Defendant used the instant access road for the purpose of entering the Defendant’s inspection of the Defendant on a bridge, and parked the Defendant’s vehicle in front of the bridge; (c) the Defendant used the instant access road for the purpose of parking the Defendant’s vehicle in front of the bridge until the F purchases adjacent land around 2007; and (d) the Defendant used the instant access road to the instant road to purchase the adjacent land from around 207, by obtaining permission from the head of the Gun/Gu regarding 220 square meters in width from the 4,116 square meters in width; and (e) the access road to the instant orchard from around 30,007.

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