beta
(영문) 대구지방법원 2020.01.09 2019고정925

업무방해등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

As the representative director of B, from August 2014, the Defendant is a person who reported the lien as the secured claim for the construction cost of the building in Daegu Northern-gu, as the secured claim, and occupies part of the second floor (25 square meters) of the above building and exercises the lien.

On December 2, 2018, the victim LAD is a corporation that manages and occupies the building and its site by being awarded a contract for the construction of the building with the victim E, which is the owner of the building in question.

1. On March 6, 2019, the Defendant: (a) around 17:00, at the construction site of the building in question; (b) filed a report with the competent authority on the construction site of the building; or without consent from the owner of the said site; (c) installed containers near the entrance of the said construction site in order to install one container (3m in length and 3m in length) within the said construction site; and (d) installed the said containers at his/her discretion, and prevented the Victim D from entering the construction site by May 10, 2019, because the prospective vehicle for construction preparation by the victim D would be prohibited from entering the said construction site; and (d) prevented the Defendant from performing the preparation work

Accordingly, the defendant intruded into a structure owned and managed by the victims, and interfered with the preparation work of the victim D by force.

2. A person who intends to build a temporary building for the purposes prescribed by Presidential Decree, such as disaster recovery, entertainment, exhibition, construction temporary building, etc. shall commence construction works after reporting it to the competent authority in accordance with the retention period, standards and procedure prescribed by Presidential Decree;

Nevertheless, on March 6, 2019, the Defendant built a temporary building of one container for the use of the temporary office (3m a. 3m a. 3m a. 3m a. 3m a.) in front of the building in Daegu Northern-gu, Seoul without reporting to the Daegu North-gu Office.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to F, G, H, I, and J;

1. On-site photographs;

1.The application of the laws and regulations to the investigation report (related to the submission ofCCTV video and container installation drawings).

참조조문