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(영문) 수원지방법원 성남지원 2017.09.20 2017고정1038

업무방해

Text

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

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

Reasons

Punishment of the crime

The defendant is the head of the C church construction team who was ordered to perform the C church construction site in B, and the victim D is the head of the above construction site under B.

On March 4, 2017, the Defendant requested the suspension of construction on the grounds that the damaged person would arbitrarily dismantle another person’s body without paying the construction cost and arbitrarily dismantle the work at the construction site in Gwangju-si, Gwangju-si, the Defendant interfered with the damaged person’s work by force by forcing the damaged person to cut off the fry to the human body working under approximately 3-4 meters high of height by cutting off the fry house accumulated at the construction site, thereby obstructing the damaged person’s work.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A written statement;

1. On-site photographs;

1. A report on internal investigation (on-site conditions, etc.);

1. Application of Acts and subordinate statutes to investigation reports (suspects and victims' counter investigation), investigation reports (F relative investigation of witnesses);

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the degree of interference with the defendant’s act and duty, and other factors of sentencing under Article 51 of the Criminal Act, including the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., shall be determined by comprehensively taking into account the following factors: