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(영문) 춘천지방법원 강릉지원 2018.11.22 2018고정75
업무방해
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who resides in C, and the victim C is a building owner who carries out new construction works of neighborhood living facilities and detached houses (five-story complex buildings) in D, adjacent to the Defendant’s residence, and the Defendant had a mind to interfere with the progress of the said construction works on the ground that the Defendant did not seek prior understanding that dust dust is emitted due to the said construction works.

1. On August 3, 2017, the Defendant: (a) around 07:00 on August 3, 2017, the Defendant did not turn down the second floor of the construction site, and did not turn down the second floor thereafter; (b) so, the Defendant prevented the employees in the construction site from proceeding the said construction for about three hours.

2. On August 9, 2017, the Defendant: (a) around 05:30 on August 9, 2017, the Defendant sought to load elevator materials from the vehicle on the street before the construction site; (b) however, the Defendant was prevented from continuing the said construction for approximately two hours, including “B sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub

3. On August 21, 2017, the Defendant, at around 06:30, installed in front of the construction site, in order for the parts of the human body at the construction site to perform concrete snow-making works, walked with the container with a view to walking with a view to walking with a view to walking with a view to using the container at the construction site, and prevented the above construction from being carried out for about one hour after a concrete building.

Accordingly, the defendant, by force, has prevented the injured party from performing the work.

Summary of Evidence

1. Each legal statement of witness E, C, F, and G;

1. Relevant photographs;

1. E- submitted CCTV closure photographs and E- submitted photographic photographs;

1. 112 Application of the 112 Report Processing List, and 4th Report Processing Table 112 to the Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (Selection of a punishment penalty);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The following circumstances are the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, and the Defendant’s age, sex, environment, and crime.

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