(영문) 춘천지방법원 2014.04.24 2014고정11

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(영문) 춘천지방법원 2014.04.24 2014고정11

일반교통방해

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

On May 13, 2013, the Defendant: (a) removed cement packaging of about 15 meters wide from the width of 3 meters in Gangwon-gun C around May 13, 2013; (b) installed a steel pole on both sides; and (c) obstructed the traffic of vehicles and people who want to pass through the said road by means of laying a slick chain between them.

Summary of Evidence

1. The defendant's statement to the effect that he removed cement packaging at both Gangwon-gun C ground and set up steel columns on both sides of the road, such as the above facts constituting the crime, and put them up a chain between them;

1. D Legal statements;

1. Police suspect interrogation protocol of the accused;

1. The police statement of D or E;

1. A complaint filed for DNA preparation;

1. Determination as to the assertion by the defendant and his/her defense counsel in the fact-finding reply (Yyang-gu Gun), community resident confirmation certificate, written judgment (2010da45104, 2008Gadan10412), appraisal degree, field photograph, cadastral map, and cadastral map

1. The Defendant and the defense counsel’s assertion that the instant road is not the length provided for general traffic, and thus, owned the land above the instant road, and there is no one other than D in dispute with the Defendant in connection with the passage of the instant road.

In addition, it is difficult to see that the defendant interfered with the passage of the road inasmuch as the defendant's contact point was displayed on the chain installed on the road of this case so that the person who wants to contact with the defendant can access to the road of this case, and the road of this case can pass through the road of this case notwithstanding the above acts by

Therefore, the defendant's act does not constitute general traffic obstruction.

2. According to the evidence duly adopted and examined by this Court, the road of this case is a road connected to the road of this case, and the phone number, etc. of the Defendant’s 쇠s installed may be contacted by the person who wants to pass, except for the land owned D on the following side of the road of this case.

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