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(영문) 인천지방법원 부천지원 2019.01.24 2018고정704
업무방해
Text

The defendant shall be innocent.

Reasons

1. A summary of the facts charged: (a) around 09:00 on June 3, 2018, the Defendant interfered with the victim’s removal work by force on the ground to claim that part of the said site is one’s own land in the farm building site where Kimpo-si B and the victim C is performing the removal work.

2. As evidence consistent with the facts charged in the instant case, C is the witness’s statement in the court. C appears in this court and filed a complaint by breaking three posts on the land owned by the Defendant. At the time of the Defendant’s stuffing, the removal of a stable building was not underway, and was suspended to obtain authorization. Even according to C’s legal statement, it is insufficient to view that the Defendant interfered with C’s removal work on the ground due to embling.

In addition, the defendant asserts that the above embling is to separate boundaries between the land owned by C and the land owned by the Ministry of National Defense. Since the removal was not in progress at the time, it does not seem that the defendant intentionally committed the above act that interfered with the above removal work.

In addition, the remaining evidence submitted by a prosecutor alone is difficult to deem that this part of the facts charged is proven to the extent that there is no reasonable doubt (no statement is made to the investigation agency of the C that the removal was hindered), and there is no other evidence to acknowledge it.

3. Conclusion, this part of the facts charged constitutes a case where there is no proof of crime.

As such, a judgment of innocence shall be pronounced pursuant to the latter part of Article 325 of the Criminal Procedure Act, but the summary of the judgment shall not be disclosed pursuant to the proviso of Article 58 (2)

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