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(영문) 인천지방법원 부천지원 2014.02.14 2013고단3526

업무방해등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 8, 2013, from around 07:30 to 17:30, the Defendant obstructed the victim’s field work by forcibly obstructing the victim’s work by way of force by driving the bitr at the construction site as a drainage pipe to obstruct the victim’s D construction at the construction site near the Kimpo-si, Kimpo-si. On December 8, 2013, the Defendant parked his bitr at the construction site as a drainage pipe, and by obstructing the victim’s work site by driving the bitr in one’s own vehicle at the same place at around 17:30 on December 17, 2013.

2. The Defendant violated the Punishment of Violence, etc. Act (collective violence, deadly weapons, etc.) committed assault against the victim by putting the victim's D to another place at the same time and place as above, with the victim's request that the victim move the Track to a different place. The victim expressed that "I can do construction work, Chewing, singing, and not doing construction, why is?" while driving the Track, and assaulting the victim by taking advantage of the Track that was installed in the Track for dangerous things, such as the victim's et al.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of ten Acts and subordinate statutes, such as field photographs, photographs of damaged parts, etc.;

1. Relevant Article of the Criminal Act, Article 314 (1) of the Criminal Act (Interference with Business Affairs, Selection of Imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act concerning facts constituting an offense (a crime involving carrying a deadly weapon, etc.);

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Consideration of the fact that the part of the assault committed with a deadly weapon is deemed to have been committed intentionally by the defendant, and that the defendant is seriously against the defendant's mistake and that the defendant has no criminal record of the same kind

1. Social service order under Article 62-2 of the Criminal Act;