업무방해
Defendants are innocent.
1. The summary of the facts charged is as follows: (a) from around 10:02 on July 21, 2017 to around 10:26 on the same day, the victim D (ju) E, which was operated by Jeon Chang-gun, and due to the extraction of aggregate, damage to the stock farms in the operation of the Defendants nearby the above aggregate extraction site; (b) Defendant B, driving a cump truck and stopped along the movement of dump truck where the above aggregate extraction site was being carried out; and (c) Defendant A, while driving a cump truck and driving the said cump truck, failed to stop the above dump truck with the movement of the above dump truck and prevented the above dump truck from engaging in collecting aggregate, thereby obstructing the victim’s duty of collecting aggregate.
2. Determination
A. Comprehensively taking account of the evidence duly admitted and examined by this court, the following facts and circumstances can be acknowledged.
① If the Defendants attempted to interfere with the passage of a dump truck on the side passage, they should park the dump and the dump truck on the road along which they parked. However, the Defendants parked the dump and the dump truck on the side edge of the road.
In light of these circumstances, the defendants' parking of dump trucks at least was not likely to interfere with the passage of dump trucks.
② As above, as the Defendants parked at the edge of a traffic lane, a considerable width was secured following the Defendants’ parking.
G operating a dump truck at the time stated that, as the above passage route, the defendants could not pass through a heavy dump truck in a state where the opposite ground of the parking side is carried by the defendants, such as a dump truck, but there is no sufficient evidence to deem that there was the defendants' knowledge of the situation.
In addition, G is a dump truck next to that in the situation where a Tractor exists even though the ground of the above opposite part was a short ground.