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(영문) 대구지방법원 영덕지원 2018.07.06 2018고단73
업무방해
Text

Defendant

A shall be punished by a fine of KRW 3 million, by a fine of KRW 700,000, by a fine of KRW 700,000, and by a fine of KRW 2 million.

Reasons

Punishment of the crime

The Defendants are owners of each building located in the vicinity of the “G construction site” in the “F management” of the victim F Management in the G construction site in the Gyeongjin-gun E, Ulsan-do, and have opposed to the progress of the construction by demanding compensation for the reason that noise occurs due to the process of the construction and the completion of the construction is infringed upon the right to sunshine and the right to view.

On December 23, 2017, the Defendants conspired to obstruct the work of the figures by entering the above construction site or leaving the surrounding areas, and then interfere with the work of the figures in such a way as to enter the above construction site and to interfere with the work of the pents in the above construction site; Defendant C and B enter the above construction site in such a way as to cut the H beamline, cut the string of the strings, cut the strings, cut the strings, and do not turn off from the construction site; Defendant A interfered with the work of the construction by spreading water from water to water inside the construction site at least 5 to 6 times and h beams into the h beam.

As a result, the Defendants conspired to obstruct the management of the damaged person's work by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F, H, and I;

1. Each investigation report (the attachment of a written reply submitted by the suspect A, a copy of the decision on the disposition of prohibition of construction works filed by the suspect A, the attachment of documents submitted by the suspect A, the hearing of victim F telephone statement in relation I, written opinion submitted by the suspect C, CD attachment, and written ruling, etc.);

1. Application of Acts and subordinate statutes to the materials attached to the written complaint (such as photographic and image USB, etc.);

1. Relevant provisions of the Criminal Act and Articles 314 (1) and 30 of the Criminal Act concerning the selection of punishment;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act as follows, and the pleadings of the instant case, such as the Defendants’ age, environment, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime.

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