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(영문) 청주지방법원 영동지원 2021.02.09 2020고정39
업무방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 21, 2020, from around 07:30 to 09:00 on the same day, the Defendant obstructed the victim’s camping duties by force by blocking the truck from moving to the above camping site by blocking the truck that is moved from the Korea Water Resources Corporation to the camping site in accordance with the victim D’s instructions granted the above right to use the camping site by using the rocketing vehicle owned by the Defendant in front of the camping site located in the Hacheon-gun B, Chungcheongnamcheon-gun, Chungcheongnam-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. Acceptance of a report on a forest management plan, receipt of a report on a forest project, issuance of a permit for the occupation and use of a river (the temporary site for felling standing timber and the issuance of a letter of occupation and use permit),

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment shows the attitude of recognizing and reflecting the instant crime. The degree of power exercised by the Defendant is not very heavy.

However, the defendant seems to have committed the crime of this case as a motive for having experienced conflicts in several civil lawsuits with the victim. Since police officers who received the victim's report cease to commit the crime after the victim's dispatch, the degree of interference with duties is not easy but minor.

The injured party is trying to punish the accused.

The defendant has been punished by a fine for a recent three years.

In addition, in full view of all the circumstances, including the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, the punishment is determined as ordered.

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