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(영문) 청주지방법원 제천지원 2017.05.18 2016고정128
업무방해
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant owns dry field in the vicinity of the construction site of solar power plants by the victim D Co., Ltd. on September 19, 2015, at the construction site of the victim’s solar power plant located in Chungcheongnam-gun E around 08:00 on September 19, 2015, why it is why the Defendant would be why the Defendant would not work without internal instructions, and why it would be why the Defendant would not work inside.

B. In this context, the death will be abandoned.

“Along with sound, F interfered with the construction work of the victimized person by force by entering into the radius of the work where F is engaged in flating operations, or leaving the vicinity of the refluoring season, etc.

2. On September 19, 2015, the date and time indicated in the facts charged, the Defendant did not have a link between the victim’s solar power plants located in Chungcheongbuk-gun E, a place indicated in the facts charged, at around 08:00, and there is no fact that the Defendant interfered with the victim’s work at the time.

3. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by a public prosecutor, and the conviction is to be based on evidence of probative value, which makes a judge not having any reasonable doubt as to whether the facts charged are true. Therefore, if there is no such evidence, even if there is doubt as to the defendant's guilt, the interest of the defendant is to be determined as the benefit of the defendant.

B. According to each of the statements made by F, G, H, and I at an investigative agency and this court, it is doubtful that the Defendant does not interfere with the work of the victimized person in the same manner as the facts charged during the period during which F, who works for the victim’s solar power plant construction site, is working for the victim, F, who is an expanded technician (as of August 8, 2015, around January 2016).

(c)

In this regard, the victim suffered damage by specifying the date, time, and place of the damage that the investigative agency had been interfered with several times on September 19, 2015, in addition to around 08:00 on September 19, 2015.

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