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(영문) 서울중앙지방법원 2013.05.24 2012고정3488

업무방해

Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendants are victims of G apartment near the construction site of the F apartment reconstruction project that is promoted by the victim F apartment housing reconstruction project association and constructed by Samsung C&T corporation.

From around 19:40 on September 2, 201 to 20:00, Defendants conspired to the end of the reconstruction site located in Gangnam-gu Seoul Metropolitan Government, and on the ground that construction is being carried out at night, and at the night, the construction site photographs were stamped, and the employees and body fighting at the site of the construction site who are carrying out construction works without the victim’s permission, and without the safety wear, they interfered with the victim’s reconstruction work by forcing the victim to return back any ready-mixed vehicle at the atmosphere to the site of the construction site to the effect that “I will not proceed with construction at night”, and without carrying the safety wear, etc., they interfered with the victim’s reconstruction work by force.

Summary of Evidence

1. Legal statement of a witness I;

1. The statements made by witnesses J and K in the third protocol of trial;

1. Investigation report (verification of CCTV screen at the scene of crime and hearing of complainants' statements);

1. CCTV photographs at the construction site;

1. Application of the Acts and subordinate statutes concerning the house of Gangnam-gu and the official housing and G apartment;

1. Defendants: Articles 314 (1) and 30 of the Criminal Act;

1. Defendants to be suspended from sentence: 500,000 won, respectively; and

1. Defendants to be detained in the workhouse: Articles 70 and 69(2) of the Criminal Act (50,000 won per day);

1. The Defendants of suspended sentence: The background leading up to the Defendants under Article 59(1) of the Criminal Act, the process of the victim’s work, and the president of the victim’s association after the prosecution of this case.