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(영문) 창원지방법원마산지원 2020.10.20 2020고정287
일반교통방해등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 7, 2020, the Defendant was sentenced to two years of suspension of the execution of imprisonment for the crime of indecent act by force in the Changwon District Court's Musan Branch, and the judgment on September 8, 2020 became final and conclusive.

1. On November 12, 2019, at around 17:30, the Defendant: (a) destroyed the property damage in a total of 163,00 won in repair cost by cutting a fixed signboard at the victim’s entrance at the entrance of Mana-gun B, Mana-gun; (b) cutting down a fixed signboard at the victim’s entrance, which is installed at the victim’s location, in a pipe siren; and (c) cutting off the steel pole by hand, then cutting off the steel pole at his hand; and (d) destroying the property of the victim in total of 12 times from that time to February 7, 2020, as indicated in the attached Table of Crimes (1).

2. On October 10, 2019, the Defendant: (a) around October 10, 2019, the roads passing through the entrance and exit of the zone B, the Defendant obstructed the traffic over a total of 10 times in total, as indicated in the list of crimes (2) in the annexed sheet of crime (2) from February 15, 2020, by installing a hacker pole at the middle part of the entrance of the road, even though it is possible for the general public to walk; and (b) installing a hacks; and (c) installing the said roads.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C;

1. On-site photographs;

1. The screen of each closure of a course;

1. A detailed statement on the settlement of 112 cases;

1. Previous convictions in the judgment: Criminal history records, the first instance, the second instance, and the third instance judgment, the case standing inquiry (including submission after the closing of pleadings), the defendant asserts that the victim inevitably interferes with ordinary traffic, and that the damage of property does not constitute damage, nor does he/she do it intentionally do not constitute damage, and that the pole or pole of metal in order to indicate the boundary of the defendant's land with respect to general traffic obstruction does not constitute traffic obstruction.

However, according to evidence, the defendant does not go through the legal procedure and removes obstacles by his own force.

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