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(영문) 춘천지방법원 2019.01.30 2018고정257
업무방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On May 12, 2018, the Defendant interfered with the victim and the construction business operator’s new housing construction work by force by obstructing the victim’s new construction work from entering the building site by using the above packaging road to prevent the victim’s new construction work from entering the building site, on the ground that the victim E, the owner of the neighboring site, was unable to secure a water way by installing a fume pipe in the direction of the Defendant’s water way for farming use.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to a real estate sales contract, a certificate of permission for development activities, a copy of a contract, a photograph, a criminal investigation report (a document attached to a public notice of permission to change the use of public waters), and a criminal investigation report (a written accusation, etc

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following factors: (a) the Defendant appears to have recognized and reflected the instant crime in the court; and (b) the Defendant has no record of criminal punishment of suspension of qualification or heavier punishment.

However, even though the Defendant was prosecuted for having obstructed the business by installing a packaging and a boundary line on the same site as the same victim and being tried for a trial, the Defendant interfered with the business by any method more severe than the previous one (e.g., having brought a big level between the packaging and the boundary line, making it difficult to enter more than the previous one), and the nature of the crime is inferior, and the Hongcheon-gun Office, other than the Defendant, restored the packing road to its original state, and is not agreed with the victim.

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