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Reasons
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(영문) 수원지방법원 2018.09.10 2017고단7766
폭력행위등처벌에관한법률위반(공동상해)등
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Defendant

A shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Upon the commencement of voluntary auction procedures around May 13, 2015, Defendant A reported a lien on the instant building on or around March 16, 2016, the instant building was sold to E, and the ownership of the instant building was transferred around January 6, 2017. After the lessee leased the instant building to F around January 12, 2017, Defendant A concluded a contract with the victim G for the construction of the instant building with the Plaintiff and concluded a construction contract with the Defendant for the interior of the instant building with the Defendant, and delayed the construction of the instant building to park and interfere with the passage for construction, thereby interfering with the victim’s interior work.

On April 2, 2017, at around 14:00, the Defendant parked the freight truck at the entrance of the instant building and obstructed the passage for construction by parking it at the entrance of the instant building. On April 8, 2017, at around 11:00, the Defendant parked the said freight truck at the entrance of the instant building again to move the said truck. On April 14, 2017, around 18:00, the Defendant interfered with the victim’s interior construction work by installing a crossline at the entrance of the instant building and obstructing the passage for construction.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement by the witness J;

1. A protocol concerning the examination of suspect of the police to K;

1. Each police statement made to G and I;

1. Each written statement of L Preparation;

1. Application of Acts and subordinate statutes to on-site photographs, all certificates of registered matters, written judgments, photographs, photographs, photographs records, and related documents, investigation reports (Attachment of CDs to on-site CCTV image data), investigation reports (attached reporting, such as summary orders), and investigation reports;

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(1) and 69(2) of the Criminal Act (hereinafter “Defendant A”) of the Criminal Act for the confinement of a workhouse.

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