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(영문) 서울서부지방법원 2016.01.29 2014고정359
업무방해
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, as the representative of G, was awarded a contract for the construction of the I restaurant in Eunpyeong-gu Seoul Metropolitan Government, but was subcontracted by the J of the General Construction Company, and was performing construction works from the end of October 2012 to the end of November 10, 2012, and the fact that the Defendant was the victim K, etc. from April 2013 to the end of November 10, 2012, the Defendant was unable to exercise the right of retention by commencing a framework construction works for the new possession of the site by the victim K, etc., and by

1. The same year from around April 1, 2013

6. Until the above construction site until the above construction site, a person who obstructs the construction cost without the permission of the lien holder during the exercise of lien shall be held legally liable for the construction cost.

The site of this case is subject to the exercise of the right of retention for construction cost.

Having spreaded false information by putting up a banner with the content “,” and interfered with the above restaurant construction work of the injured party who is a building owner;

2. Around June 4, 2013, the victim interfered with the above restaurant construction work of the victim, by force, to prevent the victim from entering the construction site by blocking the whole entrance of the H-sn-sn beam extracted from the site by blocking the construction cost, on the ground that the H-sn beam, located at the above construction site, does not work and does not work.

3. On June 27, 2013, around 05:00, the owner interfered with the business of the above restaurant construction by force, by putting up two vehicles at the entrance of the construction site at the entrance of the defective H-sn beam in order to resume the construction of the owner’s live L at the above construction site.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness K, L, M, and N;

1. Written statements of theO, P, Q, R, S, T, U,V, W, X, and Y;

1. A standard contract for construction works, a certificate of contents, and a station contract for the security of an I restaurant facility;

1. Copy of the Seoul Western District Prosecutors' Office 2013 punishment No. 20946;

1. Application of Acts and subordinate statutes on notices and photographs of placards of false information, site photographs, and site photographs of obstruction of duties;

1. Article 314(1) of the Criminal Act and Article 314(1) of the same Act concerning the crime, the choice of a fine, and the choice of a fine.

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