Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

On November 15, 2016, around 08:20 on November 15, 2016, the Defendant, at the access road to the Seo-gu Daejeon District, filed a complaint to perform water removal works that hinder the project for the development of the Daejeon D flood zone, and obstructed the victim’s work by force for about five hours until around 14:00 of the same day by preventing entry of F, which is the non-project site, from entering the area by the staff E of the Daejeon Urban Corporation, and by parking G and H vehicles on the access road, preventing the victim from interfering with the movement of construction equipment by parking the vehicle on the access road, thereby hindering the victim’s work.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of statutes on site photographs;

1. Relevant Article 314 (1) of the Act concerning the facts constituting a crime and the choice of punishment;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserted that he completed a legitimate assembly report at the site of the instant case and completed an assembly. Since the injured party intended to interfere with the assembly and to take part in the construction work, the injured party’s work is not subject to the protection of the obstruction of business, or the Defendant’s act is not contrary to the social rules, and thus, the illegality is dismissed.

2. Determination

A. “Business” subject to the protection of interference with business under the Criminal Act is an occupation or a continuous business, which is worth protecting from harm caused by an unlawful act by another person. The business is not necessarily necessary to be lawful or valid, and therefore, whether it is a business worthy of legal protection is determined depending on whether it is actually a work and is based on social activity. Even if there are substantive or procedural defects in the process of commencing or performing the business, the degree is so anti-social that it can not be easily acceptable in social life.