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(영문) 대구지방법원 영덕지원 2017.11.29 2017고정54

업무방해교사

Text

Defendant

A shall be punished by a fine of KRW 3,500,00, and by a fine of KRW 1,500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the representatives of Limited Company D (hereinafter referred to as “D”) and E (hereinafter referred to as “E”), and Defendant B is the directors and F are the auditors of E.

Defendant

A 2016

3. Around May 1, 2016, as of October 31, 201, H, a company operating H with the permission to extract aggregate for the tin industry located in Pyeongtaek-gun G, Chungcheongnam-gun, etc. (hereinafter “I”), and the above tin industry, under the subcontract to produce and sell aggregate in the D of Defendant A’s operation around May 1, 2016, H delegated the right to sell aggregate to K (hereinafter “K”), which made it difficult for it to secure gains from production and sale of aggregate in the company operating the Defendant’s operation, with the consent of F and the Defendant B, to interfere with the process of collecting and selling aggregate operated by the victim.

1. Defendant A instructed F and B, who are employees of D and affiliated private E, to prevent access roads to the above tinsan site from collecting aggregate in K in the operation of the victim, to interfere with its fairness as follows.

A. On November 2, 2016, from around 09:10 to 14:00 of the same day, the Defendant instructed F to prevent access to heavy machinery, such as aggregate extraction site in the victim’s operation of the above tin mountain, and machinery that cut off access roads through blocking access roads to the site, thereby preventing access roads to the site, and thereby hindering F to prevent access to the victim’s aggregate extraction and removal by installing LM5 automobiles on the above access roads, thereby preventing access to the said access roads.

Accordingly, the defendant instigated FF to interfere with the victim's extraction and removal of aggregate by force.

B. The Defendant collected aggregate from around 10:40 on November 9, 2016 to around 14:40 on the same day from around 10:0 to around 14:40 on the surface of the victim in the above tinsan mountain, and the Defendant collected aggregate by having B block access roads, such as the entry in the above paragraph (a).