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The defendant shall be innocent.
Reasons
1. The summary of the facts charged was on December 5, 2015, the Defendant: (a) on May 4, 2011, in Seo-gu Incheon, Seo-gu and D, leased and occupied the victim from around May 4, 2011; (b) on January 3, 2014, when the Defendant unilaterally purchased land and paid intermediate payments, installed a fence with a wire-line at 150 square meters (50 square meters) from the Defendant unilaterally terminated the contract; and (c) in the existing case, 11 ton of large trucks enter the victim’s factory to the victim’s factory, it is possible to easily load the products by using a wire list installed in the factory; (d) however, the installation of the said wire-line fence caused large trucks to have the victim drive the vehicle by making it difficult to enter the victim’s factory; and (e) there was a considerable amount of time and expenses for the truck to drive the vehicle.
Accordingly, the Defendant interfered with the victim's plant product loading business by force.
2. According to the evidence submitted by the Prosecutor, the fact that the Defendant installed a fence with the steel network on the Seo-gu Incheon, Seo-gu and D (hereinafter “instant land”) that the Defendant leased to the victim around December 5, 2015 is recognized.
However, comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the court, it is difficult to deem that the obstruction of business was caused to the victim, and the evidence submitted by the prosecutor alone is insufficient to deem that there was no reasonable doubt as to this.
Among the land of this case, the width of entry road is about 9.2m, among which approximately 2.4m, a steel net is installed and it is still secured to enter the 6.8m level.
In this regard, the victim argued that the 11 ton truck cannot enter, but according to the photograph submitted by the defendant as evidence, the large truck can enter the entrance route. However, the above truck can not enter the factory of the victim.
B. The aggrieved party shall have a steel net on the instant land.