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(영문) 창원지방법원 마산지원 2012.12.13 2012고정913

업무방해

Text

1. The Defendants shall be punished by a fine of KRW 300,000.

2. The Defendants did not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A and Defendant B conspired with each other from July 10, 2010 to November 11, 2000, when the victim G obtained permission from the head of the Haan Gun to convert the land for the use of the digging pool on one parcel outside F of the Haan-gun, Haan-gun, in order to build a site for the use of the digging pool by making soup from the head of the Haan Gun with respect to the above parcel, the above permitted site is the village mountain. The construction work may lead to a village mountain, the construction work may take place, and the village development project shall be performed after consultation with the residents of the village, such as the village village is being developed and the village is being developed, on the ground that the victim 20 residents of the village are trying to force the construction work using the digging season. If the victim intending to do so by using the digging machine, the victim’s land creation work was obstructed by exercising force, such as front or sitting.

2. Defendant C and D interfered with the construction work for the site creation of the victim’s site by exercising force by means of force, such as holding or leaving 10 residents of the village, at the same place as from July 19, 2010 to 12:00 on the same ground as in the preceding paragraph, at the same time as in the village residents.

3. On July 6, 2010, from around 08:00 to around 12:00, Defendant D interfered with the victim’s site creation work by exercising force by means of force subsequent to a vehicle that prevents a village resident from leaving the construction site, such as 20 village residents, on the same ground as in the same place as in the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. The written complaint filed and the police statement submitted to G;

1. Application of statutes on site photographs;

1. Relevant Articles 314(1) and 314(1) and 30 of the Criminal Act and the Defendants’ choice of punishment on criminal facts

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The defense counsel regarding the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act is the act of this case.