logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 경주지원 2016.10.12 2015고단478
업무방해
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On January 10, 2014, the victim C, a real estate development company, acquired ownership of D and 13 lots, including D and 13 lots (hereinafter referred to as "the land of this case") from October 8, 201 of the same year, and carried out construction to construct and sell it as a factory site.

The Defendant was not paid KRW 42,867,934 in total, from April 2008 to February 6, 2009, and from March 3, 2009 to 42,867,934 in relation to the construction of the factory site where the previous owner of the instant land had proceeded with the victim’s right of retention to interfere with the progress of construction under the pretext of exercising the right of retention.

Accordingly, the Defendant: (a) from October 23, 2014 to October 17:00 of the same day, from around 06:00 to around 17:00 of the same day, obstructed the access of construction vehicles by blocking the entrance to the site of the site of the land at Lone Star Station; (b) from October 28, 2014 to October 07:00 of the same day, to prevent the access of construction vehicles in the same manner at the same place; and (c) from November 1, 2014 to the same month.

5. From 17:00 to the same place, the victim interfered with the victim’s business by force over three occasions, by blocking the entrance of the construction vehicle, blocking the entry of the construction vehicle, sitting down at the front of the pokes, thereby obstructing the work.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Part of each prosecutor's protocol of examination of the accused

1. The police statement of H;

1. The defendant and the defense counsel asserted to the effect that the above act constitutes a justifiable act because they were in the process of lawful exercise of lien at the time of filing a complaint, a copy of the register of real estate, a land cadastre, a civil engineering work contract, a field photograph taken by the complainant, a real estate sales contract, a 14 on-site photograph taken by the police officer, a deposit report and accompanying documents, a field photograph, an appraisal report,

In this regard, the article 320 of the Civil Code is provided.

arrow