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(영문) 광주지방법원 목포지원 2017.06.02 2016고정625
업무방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On April 2016, the Defendant leased the part of “ditch” leased from the Korea Rural Community Corporation to use for access to a construction site, and leased the part of “ditch” which the victim leased from the Korea Rural Community Corporation in order to use for access to the construction site, and installed the pipe and the soil reclamation works laid underground in the site. Accordingly, this change in the construction cost, and caused the damage to the victim’s work by force, such as laying a titor, etc. on a road where the entrance of the construction site and the relocation of bicycle roads should be installed

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Each legal statement of witness D and E;

1. Application of the Acts and subordinate statutes governing border display photographs, site use lease agreements (D), site photographs of construction obstruction, motion picture CDs for construction obstruction;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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