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(영문) 부산지방법원 2019.01.15 2017고정1827

업무방해

Text

Defendants shall be punished by a fine of KRW 300,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A, B, C, D, E, F, and G are those who oppose redevelopment with the owners of land or buildings and their families located in the H Housing Redevelopment Project Zone located in Busan District, and the victim HH Housing Redevelopment Project Association was authorized to implement the project on January 23, 2009 by the head of the Gu on January 23, 2009. The project implementation authorization was approved on June 20, 2014, and the building was to be removed by concluding a contract with the removal company.

Defendants, E, F, and G enter the scene of removal work within the above rearrangement project zone on January 19, 2017 on the ground that there was no agreement on victim union and compensation, and around 08:00, E and F opened the scene of removal work without permission, and they interfered with the removal by leaving the toilet roof of the building to be removed by the removal project employee, and the Defendants and G was prevented from entering the site, and the Defendants and G were forced from entering the site by holding the spokes above the spokes to enter the site, and the Defendant A was unable to install a spoke by holding a seat above the spokes of the building, and Defendant C was seated at the floor of the removal site, and Defendant B was unable to remove the spokes on the floor.

Accordingly, the Defendants jointly with E, F, and G and interfered with the removal of the victim union by force for about 10 hours.

Summary of Evidence

[Defendant A, B]

1. A witness I and each legal statement of the J;

1. Each police statement of K and L;

1. On-site photographs of the suspect, suspect E, etc. (Defendant C, D);

1. Defendants’ respective legal statements

1. Each police statement of the I, J, K, and L;

1. Application of the Act and subordinate statutes on site photographs, such as site photographs and suspects E;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;