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(영문) 전주지방법원 정읍지원 2020.01.30 2018고정155
업무방해
Text

Defendants are innocent.

Reasons

The summary of the facts charged is the executive body of the "Committee on Counter-Terrorism against Large Scales" consisting of opposing the victim D and the victim E to build a stable, and the Defendants decided to prevent the entry of dump truck to build a stable by using Trackers.

1. On June 26, 2018, from around 18:00 to around August 26, 2018, the Defendants were unable or difficult to enter a dump truck with a view to constructing a stable by parking five bits in the field of a new stable of the victim D, who entered the site of a stable of 6,000 square meters in the area of the victim’s Go Chang-gun, Jeon Chang-gun, North Korea.

As a result, the Defendants conspired to interfere with the victim's stable construction work by force.

2. The Defendants who interfere with the business of victims E are beginning on July 2018 and ending on July 2018.

8. By up to 14.1, the victim E, who had a 4,482m2m2 in Go Chang-gun G-gun, Go Chang-gun, Jeon Chang-gun, was unable or difficult to enter the victim E’s dump truck to build a stable by parking three dump trucks in this place.

As a result, the Defendants conspired to interfere with the victim's work by force.

Judgment

First of all, there is no evidence to identify who is bringing the Trackor.

The photographor of the investigation record is not a secondary inquiry, so the owner is not confirmed.

Since the area surrounding the livestock shed construction site is a flat zone, and the farmers who had a farming house in the vicinity were opposed to the farm, it may have been brought up to the neighboring farmers.

Defendant

B The leader of a fishing village, who was represented by the Countermeasure Committee, was entrusted with the co-representative and did not actually perform his/her duties.

The evidence submitted by the prosecutor alone can not be recognized that the defendants, either directly or by instruction, prevented them from farming as a Tracker.

The facts charged are without proof of crime.

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