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(영문) 서울서부지방법원 2017.10.26 2017고정328
일반교통방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

around July 4, 2016, the Defendants conspired to install a tree fence on a road with approximately 4.5m wides used by local residents for traffic (hereinafter referred to as “road of this case”) on the land owned by Defendant A located in Eunpyeong-gu Seoul, Seoul for the purpose of traffic around July 4, 2016, and interfered with traffic by making the fluent land of this case, which is a site public for the traffic of the general public, by planting about 5gs.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness E and F;

1. Any statement concerning the Defendants in part of each protocol of interrogation of the police officer

1. Each police statement made to E and F;

1. The purpose of Article 185 of the Criminal Act is to punish any act that makes it impossible or remarkably difficult to pass by interfering with traffic by destroying or infusing land, road, etc., or by other means, which is an offense of interfering with general traffic safety under Article 185 of the Criminal Act, the protection of which is the legal interests and interests of the general public;

Here, the term “land access” refers to a place of public access to the general public, that is, a place of public nature in which many and unspecified persons or persons are allowed to freely pass through without limited to a specific person, and does not include ownership relation, traffic relation, or large and large number of traffic-related persons.

According to the evidence duly adopted and examined by this court, although the part of embrings, as alleged by the Defendants, appears to have been used as a passage by many and unspecified persons or vehicle E, the road of this case also seems to have been used as a passage by many and unspecified persons or vehicle E, and as long as the road of this case was used as a passage, the act of this case by the Defendants constitutes a crime of interference with general traffic.

Application of Statutes

1. Relevant Articles of the Criminal Act and the Defendants’ choice of punishment concerning the facts constituting the crime: Article 185 of the Criminal Act;

1. Defendants to be detained in the workhouse: each of them.

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