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(영문) 전주지방법원 군산지원 2015.11.20 2015고단672
업무방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the head of the E-power generation business team who operates D in Gunsan City, and the victim F is the company that entrusted the above E with the business of filling gas collection and electricity generation of the above power plant.

At around 08:00 on September 18, 2014, the Defendant: (a) caused disputes over the termination of an entrustment contract between G and the said stock company that newly acquired the victim company and the defects of existing workers; and (b) obstructed the victim company’s reclamation gas generation business by force by cutting off one valve connected to the gas supply pipe buried in the said three construction sections of the said plant, so that it is difficult to operate the valve, and continuously reducing three valves for gas supply use, and preventing the operation of the valve from operating the valve normally.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and I;

1. Report of investigation (verification of the date of photographing the complainant related to the A crime date and time);

1. Application of pipeline valves photographs Acts and subordinate statutes;

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Defendant and his defense counsel’s assertion

(a) The Defendant divings a locking valve is not a main valve, and even if some of the main valves are diving, the gas generated from the relevant construction site can be supplied to the power plant through the remaining main valves and the main valves, and thus does not constitute interference with business.

B. The Victim F Co., Ltd. and the Defendant-based E Co., Ltd. (hereinafter “E”) are operated on November 15, 2012.

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