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(영문) 제주지방법원 2019.02.01 2013고단1486
업무방해
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On September 13, 2012, around 16:28, 2012, at the site of the C&A located in Seocho-si B, F&A, the subcontractor under the management of the E&A, G corporation, and G corporation were working for the establishment and use of facilities, and for the establishment of various block production, and H-I readycons and other construction vehicles intended to enter the construction site.

At this time, the Defendant, from time to time with J, K, L, M, etc., left the entrance of 13 minutes of the C&C project team from 16:41 on the same day, thereby obstructing the construction vehicle from leaving the construction site by means of holding the 13 minutes of the project site.

As a result, the Defendant, in collaboration with J, made it difficult for the Defendant to operate a 13-minuted vehicle by force, thereby hindering the victim D corporation, E corporation, partner corporation, and G corporation’s C corporation.

2. Determination

A. As to the facts charged in the instant case, there are ① a photograph of cutting down documentary evidence (only in the situation around September 13, 2012, hereinafter referred to as “capf photographs”), cd (hereinafter referred to as “scod”) storing documentary evidence, report on internal investigation (only hereinafter referred to as “scodic”), ② a statement of N andO, a written statement of N and Q, a written statement of damage, and a written statement of N and Q, and a written statement of damage, ③ a witness P and Q, and ④ a R currency statement.

B. First of all, we examine the admissibility of ① images, visual images, and internal reports.

The above closure photographs and the report of internal history are the contents of the video files stored in the visual dye, in which police officers have recorded the results of capturing the screen while viewing by reproducing the video files stored in the visual dye and which actually form evidentiary materials.

In this case, a video file stored in the trial book is a copy of the original recorded in the field by electronic means, and it is confirmed that the present file of the original image has not been deleted.

If so, the copy stored in the city shall be stored in the original digital storage medium which was first taken.

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