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(영문) 대구지방법원 포항지원 2017.11.22 2017고정377

업무방해등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the head of the C District Urban Development Project Association, and the victim D(50) is the head of the C District Urban Development Project Association, entering into a contract with C District Urban Development Project Association, and the head of F site, a corporation, which has performed civil engineering works in North-Gu E at port.

1. Obstruction of business;

A. On January 19, 2017, from around 22:00 to around 11:30 on January 21, 2017, the Defendant interfered with the victim’s civil engineering work by force by allowing G to install access roads to the site of the construction site at the site of the urban development project site of the C District, located in North Korea-gu, North Korea-si, and by allowing G to install access roads to the site of the construction site for civil engineering works.

B. On January 21, 2017, from around 12:00 to around 10:00 on February 10, 2017, the Defendant interfered with the victim’s civil engineering work by force by forcing I to install access roads on the construction site in the above place, thereby preventing vehicles, such as dump trucks, seeking access to a construction site for civil engineering work by allowing J-cream to enter the construction site.

2. On February 10, 2017, at around 07:00, the Defendant destroyed property by demolishing the entrance pipe and fence ( around 6:00 meters) equivalent to 4.60,00 won in the market price owned by the victim, installed at the entrance of the construction site at the above site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A contract for work;

1. Application of statutes on site photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the selection of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A fine of 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Pronouncement [the (State) before the instant transfer) submitted a letter of waiver of construction work to the Sejong Construction, a new contractor for construction work, which is a new contractor for construction work, after the instant transfer.