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(영문) 대전지방법원 천안지원 2015.09.10 2014고단1614

업무방해등

Text

Defendant

A Imprisonment with prison labor for a year and six months, for a defendant B to eight months, and for a defendant C to six months, respectively.

(b).

Reasons

Punishment of the crime

Defendant A of the 2014 Highest 1614 [Defendant A] is a person who claims the right of retention with respect to the building located in Seo-gu Seoul Metropolitan Government G located in Seo-gu, Seoan-gu, Incheon Metropolitan City as a person who is engaged in a construction business despite the absence of a legitimate right of retention; Defendant B is a person who operates security service business; and Defendant C is a person who works as an administrator of

Defendant

A around July 28, 2013, around July 28, 2013, at the above “H” where the victim I and J exercise a legitimate right of retention, proposed that the victims of the above “H” building should be sealed together with Defendant B and C and enter the building inside the above building, and Defendant B and C conspired with each other by accepting it.

1. 피고인들의 업무방해 피고인들은 함께 2013. 7. 28. 08:00경 위 'H' 건물에서 유치권을 행사하고 있던 피해자 I, J에게 “나도 유치권을 행사할테니 너희들은 나와라. 문을 열어주지 않으면 부숴버리겠다.”라는 취지로 말을 하고, 그 앞에서 큰 소리를 치며 소란을 피우다가, 그 다음날인 2013. 7. 29. 15:00경 함께 뭉쳐 피해자들이 잠시 방심한 틈을 타 피해자들을 몸으로 밀치고 건물 안쪽으로 들어간 후, 피해자들의 팔을 붙잡아 피해자들을 강제로 건물 밖으로 밀어내고 위 건물 현관문을 시정장치로 시정하여 피해자들이 건물 내에 들어가지 못하게 하였다.

Accordingly, the Defendants conspired to interfere with the victims' legitimate exercise of the right of retention by force.

2. On July 28, 2013, Defendant A and B violated the Punishment of Violences, etc. (Joint Property Destruction) Act (A and Damage), around 09:00 on July 28, 2013, Defendant A and B were placed in front of the above “H” building, Defendant A, by hand, at a steel fence installed by the victim K for the exercise of the right of retention (a height of approximately 2 meters, approximately 20 meters), and Defendant B also removed the said steel fence from the right side to the left by force.