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(영문) 대구지방법원 2017.06.16 2017고정73

업무방해

Text

Defendants shall be punished by a fine of KRW 500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

At the time, the Defendants were residents of the same village E located in the Gyeonglbuk-gun.

On August 23, 2016, at around 07:05, the Defendants conspired to park three vehicles for each of the Defendants on the road, which is an access road to the construction site, in order to prevent the road packing construction of the village conducted in the G Myeon Office from being conducted in front of the street located in the G Myeon Office, thereby obstructing the victim H (49 years old)’s road packing work by force.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of the witness H and I;

1. A reply to fact-finding inquiries (the head of the grain police station);

1. A report on internal investigation and investigation report (a statement of a public official present at a village meeting);

1. The Defendants and the defense counsel asserted to the effect that the Defendants did not have any intention to obstruct the work of the victimized party at the time, and even if so, it constitutes an inevitable act to block the construction of the above road package in favor of many village residents.

However, according to the above evidence, although the defendants at the time demand the victim who is the construction business operator, I who is the head of the village, and police officers dispatched to move repeatedly, the defendants are recognized to prevent the entry of long-time construction vehicles (such as pumps) by the method of parking their respective vehicles at the middle of access road to the construction site, so it is sufficiently confirmed that the defendants had the intent to recognize or to allow the defendants to interfere with the work of the victim.

In addition, there is no evidence to acknowledge the existence of the substantive procedural defect as alleged by the Defendants in the above road packing work, and there was some error in the performance of the above construction work.

Even if the degree of it cannot be seen as leading to sociality to the extent that it is considerably unacceptable in the social life, and it is therefore such.