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(영문) 대구지방법원 서부지원 2016.01.20 2015고정860
업무방해
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant entered into a contract with the victim B (60) and the victim’s factory site development work site, and the victim’s work to carry out the removal work of a concrete retaining wall near the steel industry site from June 10, 2015 to June 17:30 of the following day, but the victim did work by putting the Cpsyer owned by the Defendant into the above work site, but frequently interfered with the victim’s work process, and did not pay working expenses (daily, oil expenses, and funeral expenses) between the two frameworks.

From 06:00 on June 16, 2014, the Defendant, from around 06:00 to around Gyeongbuk-gun, installed a digging range near the site of the factory site construction site, and obstructed the contract with another digging ranger company (if the work is suspended due to the characteristics of the mid-to-date business and the equipment is installed at the site, it is a practice for other equipment company to determine it as the site at the problem and refuse work). The Defendant was unable to remove the cutting retaining wall and restoration work of the part where the digging range is installed because it is difficult to access the work site of the construction site.

Accordingly, the defendant, by force, interfered with the victim's right to construct a factory site and the removal of steel reinforced concrete retaining walls.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against B;

1. Investigation report (an investigation into the other party of a excavated company in the jurisdiction);

1. Application of Acts and subordinate statutes on site photographs;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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