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(영문) 제주지방법원 2012.05.11 2012고단105

업무방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 08:20 on December 26, 201, AE, the head of AD construction department of AD, is carrying out the work of transport of ready-mixeds and stone in relation to the manufacture of bed (a kind of septic tank, which is a structure to prevent floating oil, etc. from being leaked into the sea) and basic excavation speculative sites and TTP (a concrete structure installed in a breakwater, etc., which is installed in a breakwater, etc.). At the first section, AE, the head of AD construction department of AD, carried out the work of transport of ready-mixeds and stone, and in relation to the construction of marine structures, O, the safety and the head of AF, were performing the construction of marine structures.

In order to do this work, AG-affiliated transportation vehicle belonging to AG, a concrete supplier company prior to the main entrance of the above construction site, intends to leave the construction site for loading ready-mixed again after entering the construction site and completing the supply of ready-mixed and leaving the construction site for a clerical error. AG-affiliated transportation vehicle, such as AI and AJ, were trying to load ready-mixed and enter the construction site.

이때, 공사를 반대하는 사람 여러명이 공사장 출입구 앞에 팔짱을 끼고 앉아 ‘국민 패는 제주해군’, ‘문화재 발굴 외면하는 공사 강행 불법이다’라고 적힌 피켓 여러 개를 손에 들고 ‘해군기지 결사반대’라는 구호 등을 외치며 같은 날 08:40경까지 위 공사 차량들의 진ㆍ출입을 방해하였고, 피고인은 같은 날 10:30경부터 10:45경 사이 약 3분에서 5분 간격으로 3회에 걸쳐 위 공사장으로 진입하려는 레미콘 운반차 앞에 앉거나 드러누워 차가 움직이지 못하게 하였다.

Accordingly, the defendant, by force, has interfered with access to ready-mixed transport vehicles for AG, AD, AF's midshore erosion sites, basic excavation speculation sites, and TTPP production, and build a civil-military complex tourist port.