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(영문) 춘천지방법원원주지원 2020.09.18 2019고정188

업무방해

Text

The defendant shall be innocent.

Reasons

1. The prosecutor of the facts charged requested permission for changes in the indictment on July 23, 2019 to the effect that “the defendant has obstructed the complainant’s work of cultivating crops and installing farming clubs, etc. by force by preventing the complainant from entering the steel gate in order to prevent the complainant’s passage on March 25, 2018, such as cutting down the steel gate, refusing the complainant’s request to open the door, etc.” However, the court rejected the amendment of the indictment on the grounds that “the charges and the existing facts charged are considerably far away from time to time after the modification, and the identity of the charges cannot be recognized”

The defendant, who is a flat complainant, has been dissatisfied with the passage of B to his own land around his house in order to bring about crops and install a farming shed, etc. on the land owned by the complainant.

On January 2017, the Defendant obstructed the installation of a steel gate by force, such as the installation of a steel gate in the city maintenance in the original city, piling up a stone gate in the state-owned land D, in order to prevent the passage of the complainant.

2. According to the records of this case, it is recognized that the Defendant: (a) accumulated a stone fence as stated in the facts charged around 2016; and (b) installed a steel gate as stated in the facts charged on or around February 2017.

However, in light of the following facts and circumstances acknowledged by the evidence adopted and examined by the court, the evidence alone presented by the prosecutor alone is insufficient to deem that the defendant committed the above act with intent to obstruct the performance of duties without any reasonable doubt, and there is no other evidence to acknowledge it.

The defendant set up consistently from investigative agencies to this court for the purpose of preventing the inundation inundation damage, etc., and the steel gate enters the outside person.