Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

On December 14, 2019, at around 10:05, the Defendant: (a) cut off the land as a scke for the reason that the roads used as the entrances to the site of the victim D’s construction site are partly infringed on the land owned by the Defendant; and (b) prevented the Defendant from passing through the construction site, etc. at the above construction site.

Accordingly, the Defendant interfered with the new construction work of the victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A criminal investigation report (Attachment to a building permit), a criminal investigation report (a photograph submitted by a suspect), a criminal investigation report (related documents submitted by a suspect), a criminal investigation report (public inspection of investigation documents in the previous accusation case), a criminal investigation report (field CCTV image analysis), a criminal investigation report (field CCTV image analysis), and a criminal investigation report;

1. One copy of a response based on a civil petition, a request for the revocation of a building permit, and the response accordingly, one copy of a reply, each fact confirmation, an application for temporary injunction for interference, and a written decision on provisional disposition;

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

1. Article 314 (1) of the relevant Act concerning the facts constituting an offense, the selective punishment, and Article 314 (1) of the selective punishment;

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

1. Determination of the Defendant and defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. Determination on the first argument

A. The main point of the argument is that the new construction corporation of the victim D is based on illegal construction permission and is not subject to protection of the crime of interference with business.

B. “Business” subject to the protection of the crime of interference with business under the Criminal Act is an occupation or business that is continuously engaged in, and is worth protecting from infringement of others’ illegal acts. Since contracts or administrative acts, etc., which are the basis of such business, are not necessarily lawful, whether the business is a business worthy of legal protection shall be done in fact and socially.