beta
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
On June 21, 2017, at around 10:00, the Defendant started to stop the above pumps by body for about two hours on the ground that the victim D had installed civil engineering works to create a detached house site on the land located in E in Namyang-si, Namyang-si, the Namyang-si, and used the pumps to work to build a concrete retaining wall, which is the only road that enters the construction site without prior permission for the use of the above road, which is the only road that enters the construction site.
As a result, vehicles are prohibited from entering the area, and it interfered with the construction work of the injured party by failing to work for the employees waiting for concrete work at the site.
Summary of Evidence
1. Each legal statement of witness F and D;
1. G documents;
1. Photographs taken by the injured party of a field photograph, a construction site photograph of the complainants submitted by the complainants, and a photograph of a screen image (the owner of the road may do so;
Even if interference with vehicle traffic, it constitutes a general traffic obstruction and business interference (see, e.g., Supreme Court Decisions 2001Do6903, Apr. 26, 2002; 2009Do8871, Oct. 29, 2009); and “business” subject to protection of interference with business under the Criminal Act is worthy of protection from harm caused by other person’s unlawful act; and it does not necessarily need to be lawful or valid; therefore, whether the business is legally worthy of protection is a legal protection is determined depending on whether the business becomes the basis of social activities, even if there are defects in the substance or procedure of the commencement or performance of the business, if it is inevitable to have the degree of sociality maintained to the extent that it can not be socially acceptable or in the aspect of legal protection (see, e.g., Supreme Court Decision 2009Do871, Apr. 25, 201).