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(영문) 제주지방법원 2015.06.26 2015고단198
업무방해
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 23, 2009, the victim C was awarded a contract for E land and its ground Fpention in Jeju District Court D Auction, which was owned by the defendant, and acquired and operated the ownership on December 23, 2009.

On October 28, 2013, the Defendant received the registration of ownership transfer from G for the reason of sale on October 22, 2013 with respect to the land of the victim and the land of Jeju, Jeju, adjacent to Fpenta, and the land of H and its ground I.

Since the above land owned by the victim and Fpention are “fuses” surrounded by the above land owned by the Defendant, there is no alternative passage available for vehicle traffic without using the Defendant’s land to operate Fpention. As such, the Jeju District Court applied for a provisional injunction against interference with traffic on July 3, 2014 against the Defendant, thereby securing a passage of 4 to 5 meters wide from the road to the land owned by the Defendant on the land owned by the Defendant, according to the cited decision.

The adjacent Defendant and the victim had a dispute over the victim’s above pension business, such as the above passage roads, but the Defendant was sentenced to a fine of KRW 1 million on March 30, 201, and a fine of KRW 3 million on December 21, 201, respectively, to the Jeju District Court for the obstruction of business with the content that the Defendant interfered with the victim’s above pension business. On February 5, 2015, the Jeju District Court sentenced the Defendant to a fine of KRW 3 million on the obstruction of business with the content that the Defendant interfered with the victim’s above pension business. The same month was the same.

5. The defendant appealed and is currently pending in the trial;

Criminal facts

1. On August 27, 2014, from around 09:30 to around 10:00 of the same day, the Defendant interfered with the victim’s pension business by force, such as: (a) from around August 27, 2014 to around 09:30 of the same day, the Defendant set up a JA car and motor boat owned by the Defendant; (b) prevented customers using the said FM from having access.

2. On October 28, 2014, the Defendant sold the Gu roads around 14:00.

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