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(영문) 전주지방법원 2015.04.09 2014고단2187

업무방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the head of the D branch of the bus sub-branch in the area north Korea's Seoul metropolitan transportation union and the victim limited liability company D works as a bus engineer around June 19, 2014.

In order to employ retired E, F, G, and H as contract workers and to take charge of driving duties, such employment of contract workers as above is likely to cause overlap in the long term, thereby obstructing the operation of the bus of the said article.

On June 19, 2014, the Defendant: (a) around 05:30, at the D parking lot located in Seojin-gu Seoul Special Metropolitan City, the Defendant: (b) set up an Obaba in order to stop the operation of a vehicle to another H; (c) turn off the vehicle to another H’s vehicle; and (d) around 09:30 on the same day, the Defendant obstructed the passage of H by setting up an Obaba after the aforementioned bus to try to operate the said J.

In addition, at around 05:40 on the same day, the Defendant: (a) deducted the key of the vehicle listed in the K vehicle scheduled for operation of the E from the key to the vehicle; (b) took the same day around 09:30 on the same day, the Defendant deemed that the said E is different from the defective members, and obstructed the departure of the E in a way subsequent to the bus.

On June 20, 2014, around 05:30 on June 20, 2014, the Defendant continued to provide the said G with the “whether he or she will cooperate with him or her in the operation of a bus for the camping impule” before L buses scheduled to operate, and expressed a Mastyna car after the said L bus, thereby hindering the Defendant’s departure from the said G.

Ultimately, the Defendant exercised power over three occasions as above, thereby obstructing the bus operation of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the N, H, E, and G;

1. Each complaint;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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. The Criminal Procedure Act;