logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2017.11.09 2017고단316
협박등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The victim B is a company that is performing solar installation works in the Gun-gun Island, and the facts charged in the victim D are stated as “E” but this is obvious that it is a clerical error in the “D”, so the facts charged was modified as above.

A person who works as an on-site warden at the construction site.

The Defendant operated a new fish plantation on the construction site in around 10 years before the above construction site and operated a new fish plantation, but discontinued a new fish plantation, and closed the new fish plantation.

The Defendant alleged that the Victim B, a solar-powered installation corporation, carried out solar energy installation works, and carried out equipment such as his own car, and demanded compensation. However, the Defendant did not bring about it in the Victim B corporation, but did not have any objection.

On June 6, 2017, the Defendant: (a) around 19:00, around the above construction site, made seawater flow into the construction site by putting 10 cms between the floodgate that connects land and sea into the construction site; (b) obstructed the progress of construction; and (c) laid down 50 m of solar batteriess in the sea water.

As a result, the Defendant interfered with the installation of solar energy facilities of the victim D by force, and damaged the property owned by the victim B, the market price of which is equivalent to KRW 7,595,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police station in D;

1. Hydrological management guidelines and legal basis requests, answers, and estimates;

1. Application of Acts and subordinate statutes to each field photograph and drawing;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria;

A. The scope of obstruction of business affairs [the scope of recommended punishment] is one type of obstruction of business (Interference with business) (one month to eight months) (special mitigation factors).

arrow