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(영문) 광주지방법원 해남지원 2013.05.01 2013고정7
업무방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 13, 2007, the Defendant agreed to apply for permission to collect earth and stones in the name of the victim with respect to six parcels, including the victim D and Jeonnam-gun, Nam-gun, etc., and, in dealing with the business of obtaining permission to collect earth and stones from the owners of each of the above lands, the Defendant obtained consent to use from F, the owner of the above E, until December 31, 2015 for the victim.

On October 13, 2010, the Defendant excluded the victim who already obtained approval for use with respect to the portion not permitted by permission for only a part of permission for collection of soil and rocks, and used it as an access road for clearing work by packaging part of the forest roads used by village residents when the land was reclaimed after obtaining re-lease from the above F. On June 16, 209, the above E was divided into G and H roads with the above forest roads, which are not permitted by permission. Meanwhile, on October 13, 2010, the victim used the said forest roads as an access road to collect soil and rocks by obtaining an extension of permission for collection of soil and rocks from only the above G.

Around January 4, 2012, the Defendant interfered with the victim’s work by force over a total of six occasions from March 14, 2012 to March 2012, 2012, on the ground that the victim was using the land as an access road at the construction site for the collection of earth and rocks with the consent of F, on the ground that it was an access road that he leased and installed from F, thereby preventing the victim from entering the construction site of a vehicle by installing a passenger car, Tractor, and preventing the entry of the construction site of a construction site.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of suspect against the accused by the prosecution (the first replacement of the accused);

1. Statement to the Prosecutor's Office;

1. Each police statement about I, K, and L;

1. Investigation report (Submission of court decision);

1. A criminal investigation report (Submission of materials);

1. Photographs related to obstruction of business;

1. Application of Acts and subordinate statutes 15 photographs; and

1. Article 314 of the Criminal Act concerning criminal facts and the choice of punishment

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