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(영문) 서울중앙지방법원 2019.06.27 2019고정340
업무방해
Text

Defendant

A A Fines of 1.8 million won, Defendant B, E, and F shall be fined of 1.5 million won, Defendant H, G, C, and D, respectively.

Reasons

Punishment of the crime

The defendants are the lessees of the Gangnam-gu Seoul Metropolitan Government I Apartment Building, and people who continue to hold a meeting opposing the progress of the construction related to the reconstruction of the above apartment on the ground that the victim J Co., Ltd., the executor company, did not pay the defendants the compensation.

On May 31, 2018, from around 08:38 to 09:25, the Defendants came to have the access road in front of the entrance of the said apartment reconstruction site. Defendant A parked K Lone Star car in its place, and Defendant A, B, G, C, D, E, and F sit at the front access road of the said entrance. Defendant A, C, C, D, E, and Defendant H conducted demonstration by photographing the above pages.

Accordingly, the Defendants conspired and interfered with the victim's work by force for about 47 minutes.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of each police statement on L/M;

1. Application of Acts and subordinate statutes on the filing of a complaint (including attached documents) and written opinions;

1. Relevant Articles 314 (1) and 30 of the Criminal Act concerning the facts constituting an offense and the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendants on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order interfere with the construction by preventing the entry of the construction vehicle into the part of the victim J Co., Ltd., which is the executing company in relation to the reconstruction of apartment. The defendants tried to accomplish their opinions in an organized and planned manner, Defendant A played a leading role in the crime of this case, and Defendants had the power to be sentenced to a fine due to interference with business by interfering with the business of the victim company prior to the crime of this case.

The defendants led to the confession of crimes, and the defendants A, H, and H.

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