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(영문) 전주지방법원 남원지원 2018.11.06 2018고정30
업무방해
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

During the process of the construction of a new house on the ground that the victim B continued to enter the front road of the defendant's house and caused dust, noise and damage to the road, etc., the defendant is willing to obstruct the progress of the construction work by preventing the passage of large vehicles, such as construction equipment, from entering the construction site. From June 30, 2018 to October 30 of the same day, the defendant parked the Eschtonton vehicle owned by the defendant for about one hour and thirty minutes, the only road leading to the construction site of the said new house from around 08:30 to around 10:00 on June 3, 2018, which is the only road leading to the construction site of the said new house, in order to prevent large vehicles from entering the road edge of the defendant's house located before the house of the defendant, and thereby obstructing the victim's new construction work by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. The defendant asserts to the effect that, in order to prevent damage to the road or house owned by the defendant due to the victim's work, it is not impossible to pass through the construction vehicle, and therefore, it does not constitute a crime of interference with business. The defendant asserts to the effect that the crime of interference with business is not established.

However, according to the following circumstances revealed by the evidence duly adopted and examined by this court, i.e., ① the Defendant parked the fexton vehicle in part of the only road that the Defendant passed through the construction site according to the photograph (section 8 page of the investigation record) of the scene at the time of the instant crime, and this would have been very difficult for the Defendant to pass through the above access. ② The above road was used for the passage of many unspecified persons from the beginning.

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