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(영문) 의정부지방법원 고양지원 2015.04.17 2015고정354
업무방해등
Text

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

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

Reasons

Punishment of the crime

The defendant is the owner of a multi-household building project, which is implemented on the 11st parcel of land, such as Goyang-si, Seoyang-gu B.

1. Damage to property;

A. At around 10:00 on May 2, 2014, the Defendant destroyed part of the steel network fenced with the victim’s property by using cutting devices on the ground that the steel network fence installed by the possessor D, the possessor of land adjacent thereto, invaded the boundary of the land B.

B. At around 14:10 on June 9, 2014, the Defendant, at the place indicated in the paragraph (a), destroyed part of the wire network fence by using the cutting machine for the said reason and damaged the property owned by the victim.

C. On June 28, 2014, at around 08:00, the Defendant damaged part of the wire network fenced with the victim’s property by using sckes for the foregoing reasons at the place indicated in the paragraph (a).

2. On June 15, 2014, around 09:33, the Defendant interfered with the business, at the place indicated in paragraph 1(a), and at the victim’s place to restore the steel network fence, the victim said, “Mara,” and obstructed the victim’s work of restoring the fence by force, by preventing the victim from leaving the fence in the above place for about one hour without leaving it at the place and leaving it as it is, thereby obstructing the victim’s work of restoring the fence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D;

1. Evidence and each defendant asserts that the steel network and fence of this case are installed on the land owned by the defendant, and thus, they constitute legitimate exercise of rights.

According to the above evidence, the Defendant, before removing the steel network or fence of this case, was aware that he was installed with the victim. The Defendant was aware of the circumstances where E, etc. was investigated by police due to the victim’s removal of the wire network or fence installed on the adjacent land of this case. The Defendant filed a civil lawsuit seeking removal of the wire network after this case.

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