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(영문) 대전지방법원 홍성지원 2017.08.17 2016고정267
업무방해
Text

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

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

Reasons

Punishment of the crime

The Defendant, at around 23:00 on November 23, 2015, in the process of creating a tourist farm by the victim E, the owner of the neighboring land in the Chungcheongnam-gun budget-gun, and constructing a new house by the victim F, would have any dispute with the victims as to the Plaintiff’s land ownership G and H’s passage to the land in question, the victim E’s land for the purpose of creating a tourist farm site, and the victim’s land for the purpose of constructing a new house in JJ, which is the only passage to enter the land located in the land located in JJ, the object of constructing a new house in the victim E’s land for the purpose of constructing a new house in the victim E’s land for the purpose of constructing a new house, shall be prohibited from entering the said land

A civil or criminal accusation shall be taken when an unauthorized intrusion causes damage to the object.

(CCTV) attached a letter with the content of “CCTVs” to prevent access to vehicles for the creation of the said tourist farm and the construction of new houses, thereby hindering the victim E’s above tourist farm development work and hindering the victim F’s new construction work at the same time.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Consent to use existing routes of access;

1. A copy of the notice of approval for the development plan for farmers for tourism;

1. A copy of the right to collateral security and superficies;

1. Written consent to land use;

1. Notification of completion of development activities;

1. The notice of approval for the development plan for the sources of tourism income;

1. A development plan and approval for tourism sources;

1. On-site photographs and survey maps of the site;

1. Each investigation report defendant recognized that he installed a pent, but he did not have any intention to obstruct his business.

The argument is asserted.

However, according to the evidence of the judgment, it is recognized that the defendant could have sufficiently predicted that the victims are working for a business for a certain purpose and having been well aware of why they should pass the land, and that they will suffer any damage caused by the defendant's act.

Defendant’s assertion cannot be accepted.

Application of Statutes

1. Article 314(1) of the Criminal Act as to the facts constituting an offense.

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