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(영문) 의정부지방법원 고양지원 2018.10.04 2018고정258
업무방해
Text

Defendants shall be punished by a fine of one million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

The Defendants partly revised the facts charged to the extent that it does not materially disadvantage the Defendants’ exercise of their defense rights.

Defendants are married, and Defendant A is a person who runs a construction business under the trade name of “D”.

Defendant

A There was a dispute between the Defendants and the victims regarding the construction of a new building contracted by the victim E.

Accordingly, the Defendants conspired with each other on September 28, 2017 to set up a fluor card to the effect that the Defendants shall exercise their right of retention from around 07:30 on September 28, 2017 to around 09:30 on the same day and from around 12:50 on the same day to around 14:00 on the same day from around 12:50 on the construction site, and then set up a fluor card to the effect that they shall exercise their right of retention

In sound, Defendant A was prohibited from entering a construction site by putting the body of the body and entering the site. From October 26, 2017 to October 10, 2017, Defendant A interfered with the victim’s duties by means of flaging culp ray, which the Defendants attempted to flag the construction part of the construction site at the same place.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The legal statement of the witness E (defendant A)

1. Protocol of Examination of Witness to E of this Court (defendant B)

1. Some statements concerning the Defendants in the police interrogation protocol

1. Statement made by the police for E;

1. G certification;

1. Standard contract for private construction works;

1. Notice of cancellation of a contract, copy of a written waiver of construction works, copy of a loan certificate, and construction plan;

1. Details of financial transactions and receipts;

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

1. Relevant legal provisions and the Defendants’ choice of punishment regarding criminal facts: Articles 314(1) and 314 of the Criminal Act; and the choice of fines

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Determination on the Defendants and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act

1. The assertion.

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