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Reasons
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(영문) 광주지방법원 순천지원 2016.11.24 2015고정832
업무방해등
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Defendant

A shall be punished by a fine of one million won.

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 20, 2013, Defendant A entered into a contract to take over the construction cost and lien of a newly constructed hospital on the plot of land outside G and six lots from the F, claiming that Defendant A is the actual representative of the (State)E, at the same time, around 17, 2013, and the (State) H claimed a lien for the said construction site at the auctioned on January 17, 2014.

On June 2014, the Defendant opened and intruded a entrance to post a banner of the phrase “(E) E during the exercise of lien during the said construction site” on the new building rooftop within the said construction site.

2. On July 21, 2014, Defendant A, at around 13:00 on July 21, 2014, told the victim J, etc., who is the subcontractor of the said State-H, at the said construction site, at around July 21, 2014, the victim J, etc., who is the head of the said State-H, at the said construction site, “I am aware of the fact that he/she would die only once at the site.”

Accordingly, the Defendant interfered with the business of the victim by force.

3. On May 2, 2015, Defendant A asserted that he/she is the lien holder at the construction site of the said hospital, at the construction site of the said hospital, and the victim H Co., Ltd acquired the ownership of the said real estate on January 17, 2014 on the ground of sale due to voluntary auction.

From around 07:00 on May 2, 2015 to 11:00 on the same day, the Defendant conspired and interfered with the victim’s work work, such as: (a) defects in the construction vehicle of K in the hospital construction site located in G, which is a Sincheon-si, in order to enter; (b) verbal abuse and bathing that are unable to enter the site agent; and (c) parking the vehicle at the vehicle entrance used for the construction project to prevent entry; and (d) parking the vehicle at the vehicle entrance.

Summary of Evidence

[2015 High Court Decision 687]

1. The defendant A's partial statement

1. A witness J or L's legal statement;

1. Protocol of partial police statements to J;

1. On-site photographs (2015, 832);

1. The defendant A's partial statement

1. A witness’s legal statement 1.

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