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(영문) 창원지방법원 마산지원 2013.04.30 2012고정961

업무방해

Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the head of the E Village in Changwon-si, Masan-si, and Defendant B is the general affairs of the above E Village Youth Association.

The Defendants had the mind that the victims F will interfere with the construction of multi-family houses at the sites of Changwon-si, Changwon-si G, H and I in the E village by inciting the village residents.

The Defendants conspired to:

A. From around 09:00 on April 1, 2012, the victim’s multi-family house construction work process was obstructed for about 3 hours by force by preventing the operation of the vehicle in front of the construction site by blocking 15 village residents from driving by blocking the front of the construction site work within the construction site, from 09:0 to H, and I within the construction site.

B. From 08:30 on April 5, 2012 to 10:30 on April 5, 2012, Defendant A, at the same location as that of the preceding paragraph, difficult to operate a cream by blocking in front of the cream at the said site. Defendant B, by blocking dump trucks in the said site, making it difficult to operate by blocking them, and leaving ten village residents occupy the said site, thereby obstructing the victim’s multi-family house construction work by force.

C. At around 08:00 on April 12, 2012, the Defendants obstructed the victim’s multi-family house construction work for one hour and 30 minutes by force by putting 20 village residents and not having access to the above work vehicle in order to prevent the victim from entering the J farmland with 20 village residents in order to move the soil accumulated in the J farmland into G.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. The defendants' suspect interrogation protocol of some police officers

1. All on-site photographs;

1. Investigation report (related to on-site verification);

1. Investigation report (related to hearing of oral statements by public officials of related agencies);

1. All civil petition treatment records, civil petitions related to the diversion of farmland, written answers, related drawings, business trip reports, and official documents pertaining to illegal diversion of farmland;

1. An investigation report (to attach data related to the status of treatment of counter-civil petitions in the competent Gu office);

1. D. D. D.