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(영문) 춘천지방법원 2013.04.30 2013고정166

업무방해

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

Since the Defendant is adjacent to the victim C and the cultivated land, it is not easy to conduct an ordinary appraisal due to the problem of drainage, passage, etc., around May 2012, the Defendant cut off 3 parts of the above road, which led to the landscape cultivation area of the victim in Yang-gun, Gangwon-do, by a drainage of 70cm in width and 50cm in depth, and around June 22, 2012, the victim driving an E-E X-ray car and turned it into the cultivated land. On June 23, 2012, the Defendant interfered with the Defendant’s landscape cultivation by force by force, such as: (a) around May 2012, when the Defendant used the e-ray truck to run the e-ray truck; and (b) around June 23, 2012, the victim moved the e-mail truck into the cultivated land with the disinfection amount of the e-mail truck; and (c) caused the freight vehicle to fall into the surrounding ditches.

Summary of Evidence

1. Part of the prosecutor's protocol of examination of the defendant

1. Each police statement concerning C and G;

1. Each investigation report (Attachment of relevant data by a complainant and verification related to the progress of civil procedures between a suspect and a complainant);

1. A complaint;

1. A statement of vehicle, a dual receipt, and a copy of each written judgment;

1. The defendant and his defense counsel's assertion on related photographs, vehicle photographs, related photographs (fields, etc.), on-site photographs, the defendant and his defense counsel asserted that the defendant set up a drainage channel on the D for the drainage of the plastic greenhouse that was flooded in both regions H, 201 and 2012, and that the defendant did not constitute a crime because it was not a pre-sale for the purpose of hindering the victim's farming activities.

However, according to the evidence in the above summary column of evidence, the victim filed a lawsuit against the defendant about July 2008 to seek confirmation of the right to passage over surrounding land and secured the right to passage over the D land in Yang-gun which became difficult for the victim to reach around July 2010. Around June 2012, the defendant made the G Director General of the I site to use the victim as farming roads, and the defendant did not cover ethyl luging or install a concrete waterway or double wall.