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(영문) 울산지방법원 2015.11.19 2015고정1314
업무방해등
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 March 5, 2015, the Defendant, who operates a construction company B, was willing to rent the land of Ulsan-gu D from the owner of the land on March 5, 2015 to establish a company office, using dump trucks, pokes, etc.

On the other hand, the victim E entered into a lease contract with C on the above land on around 2004 and operated the "F" on the water, and occupied the above land again from G that leased the above land from C after the termination of the contract, while actually occupying and operating the above property.

The Defendant, from around 09:00 to 13:00 on April 3, 2015, in the course of carrying out construction of dump trucking soil with dump trucking its soil in the above place and bumping it into a dump, without the consent of the victim E, was difficult to remove iron fences on the earth owned by the victim, and continued to move about 2 tons of dump scrap metal. The Defendant, without the consent of the victim E, continued to move the container owned by the victim and move the container in the dump truck, and operated a dump truck, thereby making it difficult to use facilities for dump business, such as destroying the dump gate, which is installed at the entrance of the dump and the dump truck, and preventing vehicles from entering into the water surface.

As a result, the Defendant damaged the property equivalent to KRW 10,100,000 owned by the victim and interfered with the victim's property business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of each field photograph, a copy of each real estate lease contract (Evidence No. 5 and 9), a fact-finding certificate of damaged goods, and a estimate of damage to the neighborhood;

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act and the selection of fines for the crime;

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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