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(영문) 춘천지방법원 영월지원 2017.11.21 2017고정102
업무방해
Text

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

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

Reasons

Punishment of the crime

1. The Defendant was aware that the victim D, who is an employee of the limited company C, set up posts as a sign indicating the construction boundary for F Road Construction Work E in Gangwon-gun.

Nevertheless, on May 10, 2016, the Defendant removed posts to do so in order to do so at the above place, thereby obstructing the victim’s road construction work by force.

2. The Defendant: (a) set up a road boundary surveying sign and a signboard prohibiting the cultivation of a road in order for the victim D to carry out road construction work in the G and H of Gangwon-gun, Gangwon-gun, and (b) extracted the above boundary marking posts on June 10, 2016, thereby obstructing the victim’s road construction work by force.

3. After the occurrence of the case described in paragraph (2) by the victim D, the Defendant conducted a survey for road construction again in Gangwon-gun G and H, and then set up posts as a survey marking, and removed posts to grow fess from the above land on September 20, 2016, thereby obstructing the victim’s road construction work by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Complaint;

1. Matters to be registered;

1. Measurement photographs of each mark;

1. Application of the statutes on a contract for modifying construction works;

1. Article 314 of the Criminal Act and Article 314 (1) of the same Act and the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant's act does not constitute a threat of interference with business affairs, nor did the defendant have an intention to interfere with business affairs.

2. Determination

A. The term “power of force” of the crime of interference with the relevant legal doctrine is all force that may lead to the suppression and confusion of a person’s free will. As such, violence and intimidation as they are neither tangible nor intangible nor intangible.

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