Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is the husband of the owner of the land C and D, and the victim E is the one who intends to undertake new construction works on the H land adjacent to the above land and G land owned by the F.

At the time, part of the land was included in the road. C and D were incorporated into the road, and part of the land was left adjacent to the victim's H, while G was directly connected to the part of the land incorporated into the road.

Therefore, the Defendant demanded the victim to purchase the above fake part of the land C and D, which remains adjacent to H, but without purchasing the said land on the ground that there is a high price on the part of the Defendant at the victim’s side, the Defendant failed to purchase the said land, and intended to use the G part of the land directly abutting on the road from the H land as a passage way for the construction work, thereby obstructing the works on the part of the victim, and on July 27, 2015, the Defendant installed a steel fence at a place adjacent to C, D, G land and H land so that the construction vehicle may not enter the H land.

Accordingly, the defendant interfered with the victim's work by force.

Summary of Evidence

1. Each legal statement of witness E and I;

1. Application of a copy of a commencement report completion certificate and statutes on site photographs;

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

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

1. The result of an act under Article 334(1) of the Criminal Procedure Act, which caused trouble to the other party's business

Even if an actor’s legitimate exercise of authority can not be seen as exercising force that constitutes the crime of interference with business, barring special circumstances, such as the content or means of the act, etc., which cannot be permitted by social norms. In such a case, whether to exercise legitimate authority is a legitimate exercise of authority shall be determined by social norms by comprehensively taking into account the subjective and objective aspects