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(영문) 대구지방법원 김천지원 2016.11.22 2016고정293
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

The defendant is the owner of forest land (31,400 square meters) in Kimcheon-si C.

At the entrance of forest roads (breadth: 3m) formed in the past on the ground that the above forest is private land, the Defendant thought to prevent the entry of ordinary village residents and the passage of farming machinery, vehicles, etc.

From June 2015, the Defendant interfered with the traffic by putting two strings (two meters in length) at the entrance of the forest road at the above place, combining the strings ( four meters in length) and making it difficult for village residents to pass.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. A protocol of examination of part of the defendant by prosecution;

1. A protocol of partial police interrogation of the accused;

1. Part of the police statement against the defendant;

1. Determination as to the defendant and his defense counsel's assertion of the police investigation report (related materials attached) and defense counsel

1. The defendant and his defense counsel asserted that the defendant installed a hacks and hacks at the entrance of the forest road of this case, but the forest road of this case was not a large number of unspecified persons, but only a certain small number of persons passed, and the above hacks and hacks aim at preventing the entry of equipment, vehicles, etc. which cause damage to the defendant's forest land without permission, and thus, residents of the village could pass through because they installed locks in the above hacks and notified the village residents of the lock number. Thus, the defendant's act does not interfere with the passage of people. Since there was a road on a right-hand way other than the forest road of this case, the defendant's act does not constitute a obstruction of general traffic

2. According to the judgment, the general traffic obstruction under Article 185 of the Criminal Act is an offense, the legal interest of which is the protection of the general public’s traffic safety, and it makes it impossible or considerably difficult to pass by causing damage to or infusing land, road, etc., or interfering with traffic by other means.

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