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(영문) 대구지방법원 2015.12.22 2015고정246
업무방해
Text

Defendants shall be punished by a fine of KRW 1,500,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

On September 16, 2014, from around 06:00 to 18:00 on the same day, the Defendants asserted that they could not receive their construction cost from the victims of the F Construction site in Daegu-dong-gu, Daegu-gu, and that they could not receive their construction cost. They parked a G stick vehicle between A and B at the construction site and parked a vehicle at the construction site between A and B at the construction site and prevented the vehicle from having access to the work site, thereby obstructing the victim’s work by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A report on investigation (a photograph of the vehicle submitted by the complainant);

1. Each photograph (the defendant asserts that there was no intention of interference with business and actually did not cause interference with business. In the crime of interference with business, the crime of interference with business does not necessarily require the intention of interference with business or planned interference with business, and it is sufficient to recognize or anticipate the possibility or risk of causing interference with business of another person due to his own act, and its recognition or predictability is not definite, but it is so-called willful negligence (see Supreme Court Decision 2008Do9410, Jan. 15, 2009). The establishment of interference with business does not require the result of interference with business, and it is sufficient that there was a risk of interference with business to cause interference with business (see, e.g., Supreme Court Decisions 200Do3231, Mar. 29, 2002; 200Do428, Mar. 25, 2010; 200Do428, Mar. 28, 2010).

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