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red_flag_2(영문) 대구지방법원 2008. 4. 15. 선고 2007고정4085 판결

[업무방해][미간행]

Escopics

Defendant

Prosecutor

Escopia

Defense Counsel

Public-service Advocates Title

Text

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

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for a period calculated by converting 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

The Defendant: (a) received a donation from the actual owner of the three lots of the same Ri (number 2 omitted), the size of 1,260 square meters, 650 square meters, 381 square meters, from the actual owner of the three lots of the same Ri (number 3 omitted), on May 15, 1993, and owned the Defendant; (b) on March 15, 1991, Nonindicted Party 1 received a false confirmation from the head of Kuldong-gun, the Defendant received a false confirmation from the said Nonindicted Party 6 or Nonindicted 3 (net) and received a false confirmation from the victim about five million won and then completed the registration of ownership transfer in the name of the victim around October 20, 191; (c) however, the Defendant filed a complaint against the victim as a result of the investigation into the violation of the Act on Special Measures for the Transfer of Real Estate Ownership, etc., and subsequently, did not file a non-prosecution disposition on the completion of the dispute.

On March 20, 2007, in order to claim that the sum of 1,900 square meters in total is owned by the victim's possession (number 1,2 omitted) located in the Dogdong-gun, Chungcheongnam-do, Chungcheongnam-do, in the end of time on March 20, 2007, the victim's possession (number 1,2 omitted) and 1,900 square meters of crops cultivated in the above two parcels with the consent of the victim and interfered with his/her duties so that the complainant could not cultivate crops by cutting down the crops (such as shoulders) by using a farming machine and cutting-out, after he/she laid down the fright and cutting down the b

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness Nonindicted 1, 4, and 5

1. Each photograph;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 314(1) of the Criminal Act (Selection of Fine)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

It is so decided as per Disposition for the above reasons.

Judges Sung-hee