(영문) 광주지방법원 해남지원 2014.09.03 2014고단2

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(영문) 광주지방법원 해남지원 2014.09.03 2014고단2

업무방해등

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1. Defendant A shall be punished by a fine of KRW 5,000,000.

The above defendant did not pay the above fine.

Reasons

Punishment of the crime

[2014 Highest 2]

1. On May 8, 2013, Defendant B filed a lawsuit against the victim F to remove the building and deliver the land to the Plaintiff by May 31, 2013. In the appellate court of Gwangju District, the conciliation was concluded to the effect that “where the Defendant does not remove and deliver the building by May 31, 2013, the Defendant shall waive the ownership of the building and the goods on the ground.”

On the other hand, on July 10, 2012, the victim H (B B before the opening of the name: I) acquired ownership by winning a successful bid on the goods located in a building subject to the removal at issue.

In the event that the injured F does not remove or deliver a building by May 31, 2013, the Defendants were aware that the said building would be owned by Defendant B, with a view to obstructing the injured F’s work to remove the building and the work to remove the materials at the injured H.

around May 31, 2013, the Defendants: (a) installed steel rums at the entrance of the building and prevented the victim from entering the removal site along with J, etc.; and (b) continuously, the victims and the removal company employees attempted to remove the building, even though the removal of the building does not require the removal of concrete and roof asbestos from the floor of the building at the time of the removal of the building, the victims and the employees of the removal company do not have to remove the building. However, the Defendants expressed that “the removal of the building may not be done unless the removal of concrete and asbestos from the floor of the building is brought about. The vehicle would prevent the removal of the building itself if the building is not removed with concrete and asbestos from the floor of the building.” By force, the victims interfered with the victim’s removal of the building and the removal of goods.

2. Defendant A’s sole criminal conduct (defensing) is a victim at the same time, place, where the above J, village residents K, H, etc. are located.

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