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(영문) 창원지방법원 밀양지원 2019.11.21 2019고정113
업무방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

The victim C obtained a building permit from the head of Si/Gun on August 28, 2018 in order to construct manufacturing facilities for processed agricultural products in Gyeong-gun, Si/Gun, Gyeong-gun, and had been engaged in construction of manufacturing facilities for processed agricultural products in the name of the victim E from that time.

The Defendants thought that malodor and noise would occur when manufacturing facilities for processed agricultural products are installed, who resided in the Gyeongnam-gun F, and were engaged in agriculture, and concluded that the construction works should be obstructed by preventing vehicles from entering the construction site at the construction site around November 17, 2018.

The Defendants: (a) around 10:40 on November 17, 2018, at around 10:10, the 10:40 on the 17th day of the construction site, and (b) around 10:40 on the 10th day, the Defendants were holding their Trackers in the vicinity of the Donnam-gun; (c) from around 10:40 on November 17, 2018 to around 11:40 on the 19th day of the construction site, Defendant A prevented them from parking one Track (G, 76 E) on the part of Track (G, 76 E) on the right side of the above access site at the construction site by way of parking one Track (G, 43 E).

As a result, the Defendants conspired with and by force interfered with the construction of manufacturing facilities for processed agricultural products of the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of C and H;

1. Application of Acts and subordinate statutes to a report on generation (Interference with I village affairs), internal investigation report (in relation to the situation, etc. at the time of entry into the site), internal investigation report (in relation to attachment of a site photograph), investigation report (in relation to a building permit of a victim C, attachment

1. Articles 314(1) and 314(1) and 30 of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act;

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