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(영문) 의정부지방법원 2017.01.12 2016고정1240

업무방해

Text

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

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendants are those who reside in Sincheon-si D and live in Sincheon-si.

On September 2015, the Defendants: (a) around September 2015, the victim E, while carrying out a new construction of a house in Pocheon-si F, a neighboring residence of Defendant A; (b) had the victim E stored a stable in a river side, stored a stone with a stone on an access road, etc.; and (c) had the victim, who caused inconvenience to the existing village residents, was unable to carry out the new construction of a house.

Defendant

B around 09:00 on September 29, 2015, at the site of the instant housing construction project, Defendant B brought her upper end (1.8m in width and 1m in height) to make large vehicles, such as refarcers and reconcing vehicles, on the land of Ycheon-si, the mother of Defendant B on the access road to the village, for the purpose of making it impossible for Defendant B to pass through the road (1.8m in width and 1m in height). Defendant A around September 30, 2015, around 09:00, to the victim’s house construction site, whether the she was smuggling “;

When the construction is conducted, the sn beamline was sniffed and re-sniffed by sniffing sniffs, and if the construction is not suspended, the sniffs additionally installed on the access road to prevent the sniffs from leaving the above village.

As a result, the Defendants conspired to obstruct the victim's new housing construction work by force.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness E and H;

1. Documents concerning the submission of reference witnesses, such as recording records, and work logs, etc.;

1. Application of the video-related Acts and subordinate statutes to the victim A;

1. Article 314 (1) and Article 310 of the Criminal Act and the choice of punishment for the crime, Articles 314 (1) and 30 of the Criminal Act, and the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

1. Determination on the assertion of the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act, which bear the costs of lawsuit

1. The summary of the assertion is that Defendant A intends to interfere with the victim’s new housing construction work.