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(영문) 수원지방법원 안산지원 2021.03.24 2020고단3464

업무방해

Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendants are those who sell commercial buildings, and victims C are employees of corporation E who received the removal of illegal outdoor advertising materials from D viewing.

On July 18, 2020, at around 10:40, the Defendants reported the removal of illegal outdoor advertisements described as “I” on the two-lane roads in front of GW located in G, the victim set the H Poter cargo vehicle and set the H Poter cargo vehicle.

In this process, Defendant A instructed other daily driving and subordinate employees, including Defendant B, including Defendant B, to read, “I am k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k.

In addition, according to the direction of Defendant A, Defendant B parked the Cub car in K that it operates in accordance with the direction of Defendant A (the rear side of the victim vehicle) while driving the Cub car on the roads of the above U.S. side.

Since then, from around 11:30 on the same day, the Defendants refused to comply with the demand of the victim for the movement of vehicles for about 50 minutes, and prevented the victim from proceeding with the removal of illegal outdoor advertisements due to the failure of the victim to go out of the road of the above opening.

As such, the Defendants conspired with and by force interfered with the removal of illegal advertisements by the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the police statement protocol photographing statute to C;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 314(1) and 30 of the Criminal Act; Articles 314(1) and 30 of the Criminal Act; the choice of imprisonment

B. Defendant B: Articles 314(1) and 30 of the Criminal Act; selection of fines

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who has been suspended from execution: Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Defendant B: Defendant A with reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

(a) The scope of punishment by law: Imprisonment;