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(영문) 서울중앙지방법원 2016.06.17 2016고단2706

업무방해등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, as a resident in the Dongjak-gu Seoul Metropolitan Government Housing Redevelopment Improvement Project, is a cash liquidation subject who did not apply for parcelling-out in relation to the redevelopment and improvement project for the above housing redevelopment, and requested additional payment on the ground that the amount of cash liquidation presented by the project implementer is low. As part of the redevelopment and improvement project for the above housing, the Defendant was willing to avoid disturbance at the site of removal construction work performed by the victim C&D Co., Ltd., and thereby interfere with the victim C&D’s construction work.

On February 13, 2016, from around 08:20 to 08:50 on the same day, the Defendant entered the construction site for the redevelopment and improvement project of the pertinent housing site, and subsequently demanded C, the head of the construction site at the construction site at which the Defendant had been engaged, to take a scambling and demand the discontinuance of construction, etc., and set workers at the construction site at the above site at one time, who kept the scam, in hand, from around 08:20 to the same day.

Accordingly, the Defendant interfered with the construction work of the Victim C&D Co., Ltd. by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. A written statement of C and D;

1. Each investigation report (the telephone investigation, the 109th, 141th, and 146th) and investigation report (the phone statement hearing report of the head of a work team at the construction site E).

1. Application of the Acts and subordinate statutes of the Gu office documents submitted by C related to the removal;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (Article 59(1) of the Criminal Act (Article 59(1) of the same Act (Article 59(1) of the same Act, taking into account all the circumstances that conditions for sentencing, such as the Defendant’s age, sex, environment, motive and background leading to a crime, means and consequence, and conditions before and after the crime),