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(영문) 부산지방법원 2016.06.15 2016고정1474

업무방해

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 28, 2016, the Defendant was sentenced to 10 months of imprisonment with prison labor, etc. at the Busan District Court on April 28, 2016 and the judgment became final and conclusive on May 10, 2016.

On August 31, 2015, from around 09:05 to around 09:15 on the same day, the Defendant interfered with legitimate construction work by force by force, such as: (a) the Defendant was punished to interfere with the business by leaving the construction site in which entry and departure was prohibited; (b) the Defendant entered the construction site in which entry and departure was prohibited; and (c) the victim C requested the manager to leave out of the construction site; (d) the victim C did not comply with the request; (e) the Defendant was unable to perform the work by the on-site employees of the construction site; and (e) the Defendant obstructed legitimate construction work by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on investigation;

1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;