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(영문) 의정부지방법원 2018.10.31 2018고정1136
업무방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On March 13, 2017, the Defendant: (a) received a contract from a private construction business operator to a construction site in the construction site for the construction site B factory site in Yangju-si; and (b) continued the relevant construction until November 15, 2017; and (c) acquired the instant site real estate and business from the company in charge of the construction project in charge of the mining comprehensive construction project from the company in charge of the construction in charge of the construction in large city (hereinafter referred to as “victim”) on October 30, 2017, the Defendant acquired the instant site real estate and business from the company in charge of the construction in charge of the construction in a large city; (d) however, on November 201, 2017, the Defendant lost possession on the construction site on condition that construction costs of KRW 50 million and equipment are paid in installments and thereby prevented from exercising the right to retention on the said site without undergoing the legal procedure.

Accordingly, from the end of January 2018 to February 14, 2018, from March 10, 2018 to March 17, 2018, and from March 30, 2018 to May 11, 2018, the Defendant parked one dump truck with the Defendant’s possession at the front entrance of the said site during each period from March 30, 2018 to May 11, 2018, with a crossing of one dump truck for the same period (limited to the period from March 30, 2018 to May 3, 2018). The Defendant interfered with the company’s business by restricting the entry of a new dump truck at the front entrance of the said site to cross one dump truck at the entrance of the said site, and by preventing the entry of cargo to take out of the excavated machine during each period, etc., and by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Contracts for the civil works, and contracts for each of the works;

1. Application of Acts and subordinate statutes on site photographs;

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. The order of provisional payment;

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