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(영문) 춘천지방법원 강릉지원 2020.05.15 2020고정4
업무방해
Text

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

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendants are those operating a “D farm” in Sam-si, and the victim E is a company constructing “G power plant” to F from April 2018.

In order to construct solar power plants, the Defendants: (a) did not seek any understanding from the victim company; and (b) did not interfere with the construction of the victim company’s vehicles so that the said vehicle can not be operated properly on the said road, even though the victim company did not seek any understanding, while using a road of large 3 to 3.3 meters in width adjacent to the said farm.

around December 12, 2018, the Defendants laid off a pipe 4 meters away from the 18.5m section of the said road to the 2.3-2.5m wide so that a passenger car can be operated only on the said road, and obstructed the construction of solar power plants by force by allowing the victim company to walk up the said road from around that time to April 11, 2019. On March 4, 2019, the victim company’s construction vehicle cannot properly pass the said road. At the center of the I community hall located in Tak-si directly in Tak-si on March 4, 2019, a pipe 1 pipe 6.1m long in length from that time to April 11, 2019.

Summary of Evidence

1. Defendant A’s legal statement

1. Each police statement to J and K;

1. Lritten statements;

1. Investigation report (related to hearing of community residents M).

1. Application of relevant photographs, on-site photographs, certification of contents, and notification statutes;

1. Relevant provisions of the Criminal Act and the choice of punishment concerning the facts constituting an offense [the defendants] Articles 314 (1) and 30 (General Provisions and Selection of Fines) of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act (in case of Defendant B, limited to the case where the suspension of execution of punishment is invalidated or revoked);

1. Suspension of execution [Defendant B] Article 62(1) of the Criminal Act appears to have led to the crime by Defendant A and Defendant B.

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