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(영문) 의정부지방법원 고양지원 2014.12.04 2014고정677
업무방해
Text

A fine of KRW 700,00 shall be imposed on a defendant. If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On October 24, 2013, at around 09:30, the Defendant obstructed the work of housing construction for 30 minutes by force by preventing dump trucks to enter the victim’s housing site using iron blockingrs and field employees on the ground that the road flap vehicles in the victim D are damaged when using the road.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Statement made by witnesses D in the second protocol of the trial;

1. On-site photographs and copies of cadastral maps;

1. The defendant and his defense counsel's assertion of the fact-finding reply letter asserts that since E, a director of the management office of F, has stopped dump trucks for road management, it cannot be viewed as obstruction of business. E's act does not constitute force of the crime of interference with business, and victim D's act of returning farmland to farmland does not constitute legitimate business because it is not permitted.

According to the evidence duly adopted and examined by this court, D purchased G at Pju-si and tried to construct a molding construction at the site. For this purpose, D has to pass through the road in which the Defendant opened and owned. Meanwhile, the Defendant opened the above road and designated it as a road under the Building Act while constructing the H-owned F warehouse, and it was used by village residents. The Defendant did not attend the warehouse of the F in charge of the management office, and the Defendant was in charge of the overall warehouse operation without attending the warehouse of the F in charge of the management office, and the F in charge of the above construction of a dump truck in order for D to pass through the above road at the entrance of the above road, and the F in charge of the F in charge of the F in charge of a dump truck to pass through the above road. D installed a signboard and a blocking with the sign "Prohibition on the use of loaded vehicles" at the entrance of the above road.

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