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(영문) 제주지방법원 2016.04.27 2016고단305
업무방해등
Text

Defendant

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

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A. Defendant A and B, with the introduction of the representative D, entered Jeju-si E’s New Construction Site from June 2015 to November 201 of the same year, entered Jeju-si in Jeju-si, and raised an objection against the delayed payment of KRW 160 million for the wages of KRW 27 million for the 27 side members who participated in the labor day in the above Section C along with the above construction site. On January 15, 2016, around 12:50 on the construction site of the above “E”, Defendant A and B did not receive an enclosed wage from the victim G, the contractor, at the construction site of the “F”, and went up to approximately KRW 4 height of the pipe (one name ia) installed on the outer wall of the building.

Defendant

A, with respect to construction works installed at the height of the fourth floor, was shaking the pipe by hand, the steering apparatus was cut down by cutting the pipe using the tools, and B interfered with the victim's internal work by force for about 45 minutes, such as cutting cement mortar from the height of the fourth floor to the bottoming cement powder into the bottom.

B. Defendant A damaged public goods, following the preceding paragraph, caused damage to public goods used by public offices, such as cutting down a pipe by breaking the trings installed on the floor of the Jeju Fire Services, which continued to fall and commit suicide, and causing defects in the trings.

Summary of Evidence

1. Defendant A’s legal statement

1. A H statement;

1. On-site-related photographs;

1. A written statement of I;

1. Application of Acts and subordinate statutes to the police interrogation protocol concerning B;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 314(1) and 30 of the Criminal Act and Article 141(1) of the Criminal Act (a point of interference with business). Selection of fines for a crime;

1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for not less than Article 334 (1) of the Criminal Procedure Act;

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