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(영문) 광주지방법원 목포지원 2015.03.05 2014고단1520

업무방해

Text

Defendant

A shall be punished by imprisonment with prison labor for four months, and by a fine of ten million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

On March 4, 2013, the victim D obtained the permission to construct money from the Youngnam-gun E on March 4, 2013, and performed the construction of money from September 2013. Defendant A is the Chairperson of the F Countermeasure Committee to be built by the victim, and Defendant B is the Vice Chairperson of the same Countermeasure Committee.

The Defendants recruited to fill up part of soil as a part of the work leading the victim to a new site for the construction of the money company in order to prevent the victim from carrying out the construction of the money company through the meeting of the Countermeasure Committee and to cultivate crops at the same time to make it impossible to enter the construction vehicle, etc.

According to the evidence of approximately 20 meters of length on the land of Jeonnam-gun G and H, and about 15 tons of 4 meters wide on January 31, 2014, the Defendants: (a) acknowledged that the Defendants laid up the soil of three-thirds of dump truck (see, e.g., evidence No. 244, 245 of the record); and (b) without any influence on guaranteeing the Defendants’ right to defense, the Defendants are corrected ex officio.

The government filled up its soil and made it impossible to enter the construction vehicle, etc. by planting crops.

Accordingly, the Defendants conspired to interfere with the victim’s work of constructing the victim’s money death by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Some statements made by each prosecutor's protocol of suspect examination against the Defendants

1. Statement to J police officers;

1. Investigation Report (Submission of Materials Related to Suspect B), power of attorney (Evidence No. 108), - Real Estate sales contract (Evidence No. 118 pages);

1. Investigation report (Attachment of on-site photographs), - On-site photographs (Evidence No. 153 pages of evidentiary records);

1. Investigation report ( telephone conversations including K, etc. for Witnesses);

1. Investigation report (to have telephone conversations for witnesses);

1. - Delivery of a construction permit (seven pages of evidence records), - Terms and conditions of conversion consultation (Evidence No. 11 pages of evidence records);

1. - A land exchange contract (Evidence No. 24), - a real estate sales contract (Evidence No. 25), - a written consent to land use (Evidence No. 29) - a certified copy of the land register (Evidence No. 34).