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(영문) 대전지방법원 서산지원 2012.07.24 2011고정228

업무방해

Text

Defendants shall be punished by a fine of KRW 2,000,000.

If the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

The victim D is a person who operates a salt farm (as referred to in subparagraphs 1 through 3) established on three parcels, such as Seosan-si E, Seosan-si, and the defendant B is a woman of the victim D, and the defendant A is a person who is an agent of the victim.

As Defendant B and the victim conflict with respect to the share ownership and operation method of the salt farm inherited from the victim’s mother-friendly F, the Defendants conspired to discharge straw water in the water tank (the “ salt farm” stated in the indictment shall be deemed to be a simple clerical error) to interfere with the operation of the victim’s salt farm by open the water tank of the water tank installed in the above salt farm at around 22:00 on April 16, 201, and released the sea water stored in order to use it in the salt farm.

In this way, the Defendants conspired to interfere with the victim's salt farm operation by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness D and G;

1. Hydrological photographs and certified copy of the register;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Relevant Articles 314 (1) and 30 of the Criminal Act concerning the facts constituting an offense and the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. As to the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act, the Defendants asserted that the victim, who was the Defendant B and the siblings, was arbitrarily disposed of salt produced by denying Defendant B’s inheritance share in the instant salt farm, and that the water of the water tank owned by Defendant B was discharged to exercise the rights of Defendant B, and that it constitutes self-defense or legitimate act.

According to the above evidence, the instant salt farm and water tank were originally owned by Defendant B and the parents of the victim, and after the parents died, the victim et al. operated the said salt farm. The water tank had been continuously used for the purpose of putting the water into salt, and Defendant B and the victim after the parents’ death.