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(영문) 대구지방법원 2014.01.08 2013고정1547

업무방해

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 28, 2013, from around 16:00 to 17:00, the Defendant interfered with the victim’s work by force, such as the Defendant’s obstruction of the victim’s work by force, on the ground that the victim was released from the Defendant’s land without the Defendant’s consent, and the victim took a bath at the site of urban gas wholesale stations where the victim was doing construction work, and he laid down the soil excavated in the Defendant’s land owned by the Defendant.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Application of video statutes to video CDs;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act alleged that the defendant's act constitutes self-defense or legitimate act, and thus, the defendant's act cannot be viewed as self-defense or legitimate act, in light of all circumstances, such as the background of the case, the circumstances of the case, the situation at the time of the crime, the means and consequence of the act, and the defendant's intent. Thus, the above argument