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(영문) 청주지방법원 2016.07.19 2016고정170

업무방해

Text

Defendant

A shall be punished by a fine of 700,000 won, and a fine of 300,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendants and D entered one ton cargo vehicle in the name of “G” in the Chungcheongbuk-gun F operated by the victim E, and one ton of household and household appliances delivery service.

Persons are the parties.

Defendants and D conspired with each other on September 1, 2015, from around 08:00 to around 10:00 to around 10:00, by leaving two cargo vehicles in front of the entrance of the above logistics warehouse, the Defendants parked one ton of the two cargo vehicles in front of the above logistics warehouse and prevented delivery goods from being loaded or unloaded, thereby obstructing the delivery business of the victim’s furniture and household electric appliances by force.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness E, H, I, and J;

1. Statement made to I by the police;

1. On-site photographs;

1. A copy of the investigation report (the investigation of the dispatch of report 112) [the Defendants did not have any intention to obstruct the victim's work]

On the other hand, in light of the following circumstances acknowledged by the above evidence, namely, the defendants sought the victim to request the payment of delivery benefits, and the defendants parked two cargo vehicles in the logistics entrance, even if the victim did not respond to the request, and reported at the victim's 112, the police officer demanded the two cargo vehicles to move to the two cargo vehicles, and return to the victim, although the police officer called to move to the two cargo vehicles, the defendants only moved to the two cargo vehicles at the entrance, but only failed to keep the distance from the entrance, which could interfere with the delivery of the delivery goods and the lower operation of the cargo, as the entrance of the logistics warehouse was not opened at the time of the actual distribution warehouse, and although the J tried to set up the cargo in the logistics warehouse at the time, the defendants attempted to set up two cargo vehicles in the logistics warehouse, the above cargo vehicle was parked in the middle of the entrance, leaving the entrance door at least, thereby interfering with the above cargo warehouse's business.

The laws and regulations;