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(영문) 부산지방법원 동부지원 2017.07.05 2017고정326
업무방해
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant is the operator of the medical care hospital E located in Nam-gu, Busan, and was dissatisfied with the progress of the construction work by the redevelopment association, which is the developer of the redevelopment project for new construction of the F apartment in Busan, and was dissatisfied with the construction work, from November 16, 2016 to November 08:00 of the same day, the Defendant was unable to block the work by blocking the front of the equipment, such as scres and scress in front of the equipment, which the victim I, who is the person in charge of the construction site of the said apartment site, for the purpose of obstructing the installation of fences in the construction site of the said apartment site, from November 16, 2016.

As a result, the defendant interfered with the work of the injured party for about three hours.

2. Determination

A. On the argument in which the defendant cultivated, the defendant's act of destroying a grave without lawful procedure on the ground that the person outside the public prosecution acquired ownership of the discussion, is an act for the exclusion of the act of unlawful deprivation or interference with the defendant's possession, and thus, it cannot be deemed as interference with the defendant's business (Supreme Court Decision 79Do249 delivered on September 9, 1980). The prosecutor bears the burden of proving the facts charged in a criminal trial. The burden of proving the guilt must be based on the evidence with probative value to the extent that there is no reasonable doubt that the facts charged are true, so if there is no such evidence, it is inevitable to determine the defendant's interest as the defendant's interest even if there is suspicion of guilt against the defendant (see Supreme Court Decision 2008Do112 delivered on January 20, 201, etc.). B. According to the evidence duly adopted and duly examined by the court, the person in charge at the time of delivery of the land in question (including the site in Busan Special Metropolitan City) is located on the site.

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