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(영문) 대전지방법원 2017.11.21 2017고정507
업무방해
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who resides in Daejeon Dong-gu N, and the victim D is a person who installs a plastic house in Daejeon Dong-guO and P and takes a sporespores.

On June 21, 2016, the Defendant knew of the fact that the victim was using the Q Q pl by the N’s land for farming purposes, the Defendant created a fireproof team using bricks in the said hole, thereby preventing the victim from transporting the agricultural machinery through the said hole.

Accordingly, the defendant interfered with the victim's farming business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness R;

1. Investigation report (S field photographs);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant created a harmony as described in the facts charged in this case for the purpose of preventing flood damage caused by the heavy rain of national land.

The Defendant did not have any intention to interfere with the farming business of the victimized person, and did not actually interfere with the farming business of the victimized person.

2. Determination

A. According to the evidence adopted and examined by the court, the following circumstances are acknowledged: (i) the Defendant asserted that the land prices with the chemical team set up in the instant facts charged constituted T owned by the Defendant; and (ii) the Defendant appears to have been in a long-standing dispute relationship on the grounds that the Plaintiff did not use the said land without permission, and caused damage, such as stockpiling a fertilizer and storing waste; and (ii) R, a victim’s son, was no longer able to use agricultural machinery, such as a Track and chill, which was consistently established by the Defendant from the investigative agency to the court; and accordingly, the Defendant stated to the effect that the elderly victim suffered considerable difficulty in pathizing the spora.

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