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(영문) 창원지방법원 2018.06.07 2018고정68
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

On October 26, 2017, the Defendant was sentenced to two years of suspension of the execution of imprisonment for perjury at the Changwon District Court for perjury, and the judgment became final and conclusive on November 3, 2017.

On October 30, 2017, at around 17:00, the Defendant prevented the Defendant from passing through the farm by blocking the exclusive access road connected to the farm, such as 2 meters wide, depth, 60cm breadth, and 60cm breadth, and 2 meters high, 60cm breadth in front of the Gu, and 50cm breadth and 50cm breadth, from the access road connected to the farm, on the ground that the damaged person does not leave the farm without paying the farm rent, on the ground that the damaged person does not leave the farm.

Accordingly, the defendant interfered with the victim's farm management by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on site photographs and field guidance;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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