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(영문) 광주지방법원 2015.02.12 2014고정2295
업무방해등
Text

Defendant

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

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the president of the council of occupants' representatives in the Gwangju Mine-gu, and the defendant B is the above apartment residents.

Defendant

A around September 5, 2014, around September 5, 2014, submitted an outdoor assembly report to the Gwangju Mine Police Station located in the transportation Dong of Gwangju Mine to the effect that the damage, such as dust, noise, etc., occurs due to the construction of a new D apartment in the vicinity of the foregoing C apartment: From September 8, 2014 to October 20: the date and time: from September 8, 2014 to September 5, 2014, the place: the area: the area: the area from 06:00 on September 8, 2014 to 20: the delivery right of the D Construction Work at the entrance of the Gwangju Mine District (except for absolute road access road), the purpose: the apartment site noise, dust damage compensation, and the organizer:

1. On September 11, 2014, from around 13:00 to 14:00, Defendants in interference with the duties of the Defendants: (a) occupied 70 or more residents of the said C apartment at the entrance of the construction site of the D apartment in Gwangju Mine-gu; and (b) continued an outdoor assembly; (c) Defendant A instigated residents, such as preventing any ready-mixed vehicle to enter the construction site, blocking them from entering the construction site, and leaving them with a loudspeaker using a loudspeaker, etc.; and (d) Defendant B, using a loudspeaker, instigated the residents by creating relief, such as “the Gu office is to cancel the permission and make it impossible for them to live.” From around September 11, 2014 to around 14:00, the 70 residents interfere with the work of newly constructing the apartment complex of the victim S&C corporation by blocking the course of ready-mixed vehicle entering the construction site by leaving the access road at the construction site.

As a result, the Defendants conspired with 70 residents of C apartment, and interfered with the victim's work by force.

2. Defendant A, as the organizer of an assembly, as described in paragraph (1), reported the place to hold the assembly to “section 20 meters (except where access roads to construction vehicles are absolutely excluded) at the entrance of the main mining area,” along with the participants of the assembly as described in paragraph (1).

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