beta
(영문) 광주지방법원 해남지원 2017.09.07 2017고정64

업무방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant and C, as a couple in 197, had been cultivated by leasing 39,073.4 square meters of the land in order from the Yeongsan and Seomjin Project Association of the Korea Agricultural and Fishing Villages, and from the Namnam-gun to the Namnam-gun, the victim E was selected as the subject of use of the above land through a competitive bid for the subject of use of the above land conducted in the Gyeongnam-gun on December 31, 2015.

1. On March 30, 2016, at around 13:00, the victim tried to enter the above land as a Track by using Trackers, the defendant parked or sited up in front of the Track in the victim's Track in the Track in front of the Track, and C prevents entry by parking his Track in front of the Tracker.

As a result, the Defendant conspired with C to interfere with the cultivation of the victim by force.

2. On May 16, 2016, around 17:00, the Defendant: (a) parked the said cargo onto the victim at the above location, namely, “I ambling a farmer; how I ambling a farmer; how I ambling a farmer”; and (b) obstructed the operation of the victim’s vehicle by force by leaving the victim’s vehicle unable to move, after parking the said cargo after the victim’s vehicle.

3. On May 19, 2016, around 08:00, the Defendant: (a) drained the front soil of the drainage channel into the paddy field; (b) damaged the farm roads; and (c) obstructed the victim’s cultivation by force.

4. On June 3, 2016, around 09:00, the Defendant interfered with the cultivation of the victim by force by removing pipes laid underground by walking soil using a cuter and dump truck at the above place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police with respect to E and G;

1. Editorting photographs related to interference with business affairs;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of reference materials related to interference with business);

1. Article 314(1) of the Criminal Act regarding the pertinent criminal facts and Article 314(1) of the choice of punishment (Provided, That Article 30 of the Criminal Act shall be added to Article 30 of the Criminal Act).