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(영문) 대전지방법원 2016.05.13 2015노2394
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the defendant of the facts charged of this case even though it can be sufficiently recognized that the defendant interfered with the construction works laid underground according to the evidence submitted by the prosecutor (misunderstanding of the facts) of the grounds for appeal.

2. On April 1, 2014, from around 13:40 to 13:58 of the same day, the Defendant: (a) received from the Sinsan City Administration’s notice of non-payment of compensation due to the “E residential environment improvement project” on the street before the Sinsan City’s public bath located in Seosan City; and (b) discovered that the Defendant would carry out the construction of an excellent hall F (46 years old) at the time of the victims (ju) of the said D public bath site, and caused the Defendant to park the G Aban automobile, which is the Defendant’s possession, at the place scheduled for the construction of the above excellent hall, and thereby interfere with the victim’s business by force by force.

3. In light of the following facts or circumstances acknowledged by the records and changes of the judgment of the court below, the defendant does not interfere with the construction works laid underground in front of the above D bath part, or has a duty to cooperate with the above construction.

It is difficult to see that the construction of the private land is not possible without the consultation about the compensation for his own private land.

Since it is reasonable to deem that the demand is a legitimate exercise of right, the evidence alone submitted by the prosecutor does not constitute a obstruction of business by the defendant.

A. Seosan-si and the Defendant had a dispute over the compensation issue of the above D bath building, which the Defendant operated in connection with the E district residential environment improvement project.

(b) Seosan City, with respect to the project above, has carried out an excellent construction project laid underground in neighboring areas, including old times before a bath is held D.

The above excellent hall passes through the land of H in Seosan, which is the wife of the defendant adjacent to the above D bath, and is adjacent to the land of I and J, which is the wife of the defendant.

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