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(영문) 울산지방법원 2016.07.22 2015고정1769
업무방해등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant committed on June 9, 2015: (a) from around 07:00 to around 09:00 on June 9, 2015, the Defendant: (b) obstructed the work of the damaged party by force, such as failing to comply with the request of the said parts of the construction, on the ground that the victim D (n, 50 years of age) supplied the said building to another person prior to the purchase of the said building; (c) the damaged party parked his/her car on the front side of the entrance of the first floor of the said building, which he/she was performing construction works using the said stick; and (d) interfered with the construction of the said parts by interfering with the construction of the steel pipe, and thus obstructing the work of the damaged party by force, such as failing to comply with such request.

2. On June 10, 2015, the Defendant committed the crime: (a) from around 08:10 to around 08:30 on June 10, 2015 to around 08:30 on June 10, 2015, the instant building where the victim D (n.e., 50 years of age) located in Yangsan City is under construction; (b) the damaged person’s construction of the said building using pipes as Crara in order for the damaged person to carry out the installation work at the outside of the building; and (c) the Defendant laid down the pipe above the pipe to interfere with this.

It interfered with the work of the injured party by force, such as not harming.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement about witness D and E;

1. Application of statutes on site photographs;

1. Relevant Article 314 of the Criminal Act and Article 314 (1) of the Criminal Act and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The portion not guilty under Articles 70(1) and 69(2) of the Criminal Act, which is attracting a workhouse;

1. On June 9, 2015, the Defendant, at the construction site in Gyeyang-si, where the victim D (at the age of 50) possessed and managed on June 11:5, 2015, intrudes into the front of the entrance of the building located within the said construction site by taking advantage of the gapss without the complaint and the body of the victim, and installed container stuffs at the entrance of the said building.

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