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(영문) 서울북부지방법원 2020.06.05 2020고정25

업무방해

Text

Defendants shall be punished by a fine of KRW 600,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendants are members of E organization E-F (hereinafter referred to as “F”), and victims G are the presidents of H Housing Redevelopment and Development Project Association.

On March 22, 2013, the housing redevelopment and rearrangement cooperative (H) obtained authorization to establish the association on December 20, 2013, and obtained authorization to implement the project on December 20, 2013. On January 12, 2018, the head of Gangnam-gu, the head of the competent Gu, is undergoing redevelopment by approving and publicly notifying the management and disposal plan of the association.

In relation to the above redevelopment, the Defendants were willing to interfere with the removal of the place of business carried out by the said union in the process of dispute with the said union on moving expenses and compensation.

On March 11, 2019, the Defendants: (a) around 09:30, at the 3rd generation building in Gangnam-gu Seoul Metropolitan Government, the victim entered the building in order to perform the disposal of wastes, etc. prior to the removal of the H redevelopment site; (b) the Defendants wear a hacker, etc. in the letter of “J” and the Defendant A, with weared the victim’s finger, removed the victim’s finger, and then removed the victim from the hacker’s body; (c) Defendant C, Defendant B, and Defendant D interfered with the removal of wastes within the victim’s building; and (d) the victim intending to contain wastes into the hacker’s body.

As a result, the Defendants conspired with and by force interfered with the disposal of wastes related to the redevelopment business of the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. An investigation report (folating the image analysis suspect) and an investigation report (folating the same image file);

1. Application of the statutes on the screen to four closures, such as suspect A;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 30 of the Criminal Act, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are the disposal of wastes related to redevelopment projects by the Defendants.