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(영문) 청주지방법원 제천지원 2019.06.20 2019고정19

업무방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the right holder of the provisional registration of B’s land at the time of Incheon, and the victim C requested the victim E to construct a site for electric source housing in the land outside D and one (hereinafter “construction site”). The Defendant requested the victims to pay the aforementioned land usage fee, which is an access road to the construction site, but the victims refused it.

1. On October 14, 2018, the Defendant: (a) on the foregoing ground, on October 14, 2018, installed a steel pole on both sides of the access road to the construction site; (b) connected the columns and columns with a slicks; and (c) obstructed access to the construction site by posting a banner stating “I would not use them as private roads other than persons concerned; and (d) obstructed access to the construction site by hanging the banner, dump trucks, materials transport vehicles, etc.

Accordingly, the defendant interfered with the victims' construction work of the site for the whole house by force.

2. On October 17, 2018, the Defendant obstructed the entry of materials, transportation vehicles, heavy equipment vehicles, etc. to enter the construction site by parking FF lines and G freight vehicles on the access road to the construction site around October 17, 2018 on the said ground.

Accordingly, the defendant interfered with the victims' construction work of the site for the whole house by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and H;

1. Application of Acts and subordinate statutes of a cadastral report ( listening to the C phone statement and cadastral map which is a criminal complaint) and a cadastral map;

1. Relevant Articles of the Criminal Act and Article 314 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;