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(영문) 청주지방법원 2016.06.08 2016고단205
업무방해
Text

Defendants shall be punished by imprisonment for four months.

However, from the date of the conclusion of the judgment, each of the defendants is against the defendants for one year from the date of the judgment.

Reasons

Punishment of the crime

Defendant

A was the representative of an agricultural company E (hereinafter referred to as "victim company") located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

F's private village is F's birth, and Defendant B is F's children.

Although the Defendants received the judgment ordering the victimized company to pay unfair profit equivalent to the delivery of land and rent in the land delivery lawsuit against the victimized company for the land on the site of the factory site, such as the G Wastewater Treatment Facility site, H and I, the Defendants attempted to interfere with the victimized company’s business by preventing the victimized company from using the above wastewater treatment facility facilities on the ground that the victimized company failed to perform its duty under the above judgment, and Defendant A leased the above wastewater treatment facility site, factory site, etc. from F.

On November 2015, the Defendants conspired to install a wall in the vicinity of the above wastewater treatment plant, and prevent the employees of the victimized company from entering the above wastewater treatment plant, and thereby interfered with the victimized company’s work by force by force, such as preventing the victimized company from treating wastewater generated from its factory operation by preventing the employees from treating the wastewater, even though the consortium electricity of the above wastewater treatment plant was cut off.

Summary of Evidence

1. The witness J and K’s testimony 1. The judgment of the first instance court of civil procedure; 1. The petition of civil procedure 1. The calculation of losses due to the unlawful occupation and closure of the wastewater treatment plant; and 1. The new application of the Act and subordinate statutes on site photographs;

1. Relevant Articles 314(1) and 314(1) and 30 of the Criminal Act concerning the Defendants who choose to commit the crime;

1. As to the defendants under suspended sentence: Determination on the defendants and their defense counsel's assertion under Article 62 (1) of the Criminal Act (the circumstances favorable to the grounds for sentencing as set forth below)

1. The Defendants and the defense counsel “the date and place on which the Defendants entered criminal facts.”

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