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(영문) 대전지방법원 2013.04.12 2012고정1439

업무방해

Text

Defendants shall be punished by a fine of KRW 1,500,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

1. The Defendants’ co-principal

A. At around 13:00 on March 19, 2012, the Defendants: (a) 1201, Seo-gu, Seo-gu, Daejeon Etel 1201, where the victim had been performing human rights construction works on the ground that the victim terminated the human rights contract entered into with the Defendant A and had another person carry out construction works; and (b) 30 minutes of the disturbance, such as “the owner of the building,” expressed the desire to “the owner of the building, the argue, the argue, and the argue that is not called the argue”, and interfered with the victim’s human rights construction works by force by avoiding construction works.

B. At around 11:30 on March 21, 2012, the Defendants expressed that the Defendants, such as F, etc., who were found and engaged in construction work for the same reason at the same place, will take a large sense, and “drawing without our permission,” and obstructed the victim’s interior work by force by avoiding a disturbance for about 30 minutes.

2. Defendant B committed the crime of Defendant B at around 15:0 on March 20, 2012, the victim’s human body, such as F, etc., who was found and engaged in construction at the same place for the same reason, had the victim’s human body interfered with the victim’s human body construction work by force by putting the 30-minutes of F, such as sprinking sphere, spherbing, etc.

Summary of Evidence

1. The Defendants’ partial statements in the first trial record;

1. Statements made by witnesses G and H in the fourth trial records;

1. Partial statement of witness F in the fifth protocol of the trial;

1. Statement made by a witness I in the 8th trial records;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes of notification of information disclosure;

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

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

1. Detention at a workhouse;