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(영문) 부산지방법원 서부지원 2020.01.08 2019고정755

업무방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 18, 2019, from around 11:30 to 14:50 on the same day, the Defendant interfered with the business of the victim B, on the ground that the Defendant did not grant a legitimate compensation, etc. for noise, dust, and traffic congestion caused by the operation of the vehicle of the victim B, at the entrance of the Busan Western apartment construction site for 3 hours from around 11:30 to around 20 minutes, the Defendant interfered with the business of the victim B, by force, making it impossible for the victim B to enter the construction site with the vehicle of the construction site for about 3 hours by blocking the entry of the construction site.

2. On March 25, 2019, from around 09:40 on March 25, 2019 to around 11:20 on the same day, the Defendant interfered with the Defendant’s business operation of the victim E-stock company by force by forcing the victim E-stock entering the construction site by blocking the construction site entry into the construction site with the vehicle of the victim E- stock company, on the ground that the Defendant did not give any reasonable compensation, etc. for the noise, dust, and traffic congestion caused by the operation of the vehicle of the victim E-stock company for about one hour and 40 minutes at the entrance of the Busan Western apartment construction site for about one hour and 1:20 minutes from the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of statutes on field photographs at the entrance of construction sites for suspect D vehicles;

1. Article 314 (1) of the Criminal Act and the choice of fines for the crime in question;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes as provided for in the crime of interference with business against the victim B companies with heavier punishment);

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

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