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(영문) 인천지방법원 부천지원 2019.07.03 2019고정77

업무방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 26, 2018, the Defendant: (a) around 09:00 to around 09:3, August 26, 2018, the road packing construction site adjacent to the construction site for the extension of the C Hospital located in Bupyeong-si B; and (b) the victim E, etc., who is responsible for the said construction, called “whether he/she should undergo safety diagnosis at home; (c) whether he/she should perform construction outside the house; and (d) whether he/she would destroy evidence; and (e) went under the part of the scraper, which is the machine installed by the asphalt, so that the said machine cannot operate.

Accordingly, the Defendant interfered with the victim's road construction work for about 33 minutes by force.

2. On September 4, 2018, the Defendant interfered with the business from around 15:00 to 16:45, Sept. 4, 2018, 2018, saying, at the site of road packing construction adjacent to the construction site of the C Hospital extension site located in Bupyeong-si B, the Defendant: (a) stated that “I would like to show a permit for road occupancy; (b) I would like to give money to F, etc. of the victim Co., Ltd. D who is in charge of the said construction; and (c) stated that I would like to prevent the traffic of the construction vehicle and stop road packing construction.”

Accordingly, the Defendant interfered with the victim's road construction work for about one hour and 45 minutes by force.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Each police statement of E and F;

1. Investigation reports by the prosecution (to hear statements by public officials in charge of viewing and viewing the prosecution, etc.) and accompanying materials;

1. Each police investigation report;

1. 112 Reporting case management table;

1. Application of the Acts and subordinate statutes to photographs by cutting off on-site photographs and screen pictures;

1. Article 314 (1) of the Criminal Act and Article 314 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;