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(영문) 수원지방법원 2019.06.26 2019고정276
업무방해
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Defendant and B are foreigners of Chinese nationality who work as daily workers, and victims C(39 years of age) are those who work as the representative director of D Co., Ltd. (hereinafter referred to as “D”).

1. On September 17, 2018, between 10:00 and 11:30, the Defendant, in collaboration with B, operated a F Sp-type car at the “D construction site” site during which the victim was under construction between 10:0,00 and 11:30, on the ground that the victim does not have any wage, and the Defendant was driving a F Sp-type car at the “D” site where the victim did not have any wage, thereby obstructing the victim’s work for the progress of construction by force, by blocking the construction vehicle from entering the entrance of the construction site and leaving the entrance.

Accordingly, the defendant jointly interfered with the victim's work progress.

2. In collaboration with B, the Defendant, in the office of the second floor of officetels in the same place as the date and time as described in paragraph (1), obstructed the victim’s office operation by force, by forcing the subcontractor of the victim, who found an office, such as requesting the victim to pay wages, making a sound, making a phone call on the floor of the office, and making a phone call with a Handphone, thereby creating unstable for customers.

As a result, the defendant jointly interfered with the operation of the victim's office in cooperation with B.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and C;

1. Statement to C by the police;

1. In the investigation report (excluding the portion stated in the C), investigation report (STV submission), the Defendant and the defense counsel did not intend to prevent access to a construction site, but did not immediately move a motor vehicle for the purpose of prohibiting access to the construction site, and therefore, they did not use force, without any intention to interfere with the business, and did not change the amount of wages to the victim concerning the facts constituting the crime of paragraph 2 of the judgment.

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