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(영문) 춘천지방법원 강릉지원 2012.07.26 2011고정448
업무방해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the vice-chairperson of the Countermeasure Committee against the construction of D in progress by C Co., Ltd. (hereinafter referred to as "victim Co., Ltd.") which is a victim.

On September 21, 2010, the Defendant submitted to the secretary of the Gangwon-do Do Governor a civil petition document stating that “In response to the opposite position against D” through e-mail, the Defendant filed a civil petition as if the victim company were to illegally build D, by stating “3. Administrative progress” from among “an issue of the progress of the administration on November 6, 2009.”

However, the victim company did not interfere with the presentation of the opposing opinions by using organized violence vessels.

Accordingly, the defendant spreads false facts, thereby hindering the victim company's D construction work.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. Adjustment of admission to counter-measures against D (investigative records 124 pages);

1. Determination as to the defendant's assertion of investigation report (report on joining the H's violent organization and on confirming whether he/she acted)

1. The defendant asserts that since the victim company mobilized organized violence, violence, or a person from such father and interfered with the citizen's opinions, the timely facts as stated in its reasoning do not constitute false facts, or that the defendant did not have any awareness of false facts.

However, according to the evidence duly adopted and examined by this court, H has a number of criminal records of organized violence, but it is not a group of organized violence, and H is a group of organized violence without any particular reason despite its significance different from a majority of the criminal records of violence.

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