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(영문) 제주지방법원 2019.08.14 2019고정14
업무방해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who operates the "B" as a business chain, and the victim C is the owner of a construction project that constructs another canal wells in Seogpo City D, and E is a constructor who is awarded a subcontract for the construction of the aforesaid canal wells from the victim.

The Defendant, while he subcontracted the construction of a stone fence among the construction of the above canal wells construction from the above E, was not paying the construction cost to the victim and E.

At around 15:30 on November 23, 2017, the Defendant: (a) instructed the construction site of the above canal wells and instructed F to F, one of his employees; (b) neglected the 8m of the above canal wells in the order of 4 length in the boundary of each unit of the above canal wells, and (c) failed to pass the above entrance by leaving the end of the 8m of the 8m width of the above wal wells; and (d) thereafter, the Defendant left a large number of types attached to the Gpoter cargo vehicle, stating “the oil value of the wal wells because there is no oil value in the personnel cost,” and left the vehicle at the entrance leading to the construction site and the sales office until November 14:30, 2017, thereby preventing the construction vehicle from passing the above entrance.

Accordingly, the defendant interfered with the victim's above construction work and sales work by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements concerning E and C;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act (including a circumstance that may be taken into account the circumstances of the crime, a criminal record does not exist, and a half of the sentence);

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