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(영문) 광주지방법원 2021.03.31 2020고정1083

업무방해

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On March 1, 2020, the Defendant: (a) on the ground that part of the above land the victim cultivated for a period of 10,000, was confirmed as land owned by the Defendant as a result of a survey conducted by the victim C, which was located in B’s land, on the ground that part of the above land, which was cultivated by the victim for a period of 10,000, was found to be the land owned by the Defendant, thereby obstructing the victim’s over-water cultivation business by force by cutting a wire net on the lower part of the above land where approximately 10,0

Summary of Evidence

1. Statement by the defendant in court;

1. Application of 10 copies of a report on investigation (verification of the damaged scene) and a photograph of the damaged scene;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is deemed to be such that the defendant interfered with the activities of the victim's over-water cultivation by installing a steel chain;

subsection (b) of this section.

However, the Defendant, who is in a civil lawsuit due to a dispute over ownership with neighboring land and there are extenuating circumstances in light of the circumstances, and the Defendant appears to have removed the wire-made net that obstructs the victim’s over-water cultivation after the issuance of the summary order in this case. The Defendant is the primary offender, and the Defendant’s age, sex, environment, motive, means and consequence of the crime, and all of the sentencing conditions specified in the arguments in this case, including the circumstances after the crime was committed, shall be subject to reduction of the fine for the summary order.