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(영문) 서울북부지방법원 2018.05.11 2017고단5445
업무방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant was dissatisfied with the Defendant’s complaint that the victim D, who is the captain of the C site, did not timely pay for the work costs of booms. On September 27, 2017, the Defendant demanded that the victim and the police officers dispatched to the C site stop the entrance of the construction site and request for work costs to the Defendant Company’s vehicle (F) on September 27, 2017. However, even if the victim and the police officers dispatched to the construction site demand that the victim move a vehicle to allow them to enter the construction site, they interfere with the Defendant’s work by force by blocking the entry of the construction site into the construction site by vehicle.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Written statements prepared in D;

1. Application of statutes on site photographs of the case

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize and reflects the instant crime, and take into account the circumstances favorable to the Defendant, given that there are some circumstances that may be considered in light of the circumstances leading to the instant crime, and the punishment is determined as ordered by comprehensively taking into account the following factors: the Defendant’s age, sexual conduct, environment, motive, means and method of the instant crime, and circumstances after the commission of the crime.

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