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(영문) 대구지방법원 김천지원 2019.02.14 2018고정64
업무방해
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

B as a project owner, the construction project owner ordered C to create a gas station site of 4,930 square meters in Kimcheon-si, E, F, G, H, and I.

Around December 6, 2013, the Defendant suspended construction work and completed it on the spot as the construction cost was not paid due to C’s shortage of funds around August 2014 while entering into a subcontract with C on the said construction work.

From January 2017, the victim had J perform the construction work by awarding the contract.

At around 07:00 on December 1, 2017, the Defendant: (a) installed Kone Star vehicle with a banner “in the exercise of the right of retention” on the ground that the victim did not pay the construction cost in the part of the access road to the site of the site of the gas station; (b) obstructed the victim’s work by installing the said vehicle from around that time to December 6, 2017, and by force, installed the said vehicle until December 2017.

On December 16, 2017, from around 16:30 on December 16, 2017, the Defendant illegally installed containers with "in the course of exercising the right of retention" in the construction section of the access road to the construction site of the above gas station site, and prevented a change in the street in the relevant site, and thereby interfered with the victim's construction work by setting up containers to the police officer during the time from around January 2018.

Summary of Evidence

1. Court statement of the defendant (the eighth court date);

1. Legal statement of the witness B;

1. Each police statement concerning B;

1. An investigation report (Attachment of letters, contents and photographs submitted by the victim), an investigation report (Attachment of letters, contents and photographs received from a suspect), an investigation report (Attachment of site photographs), an investigation report (Attachment of the current construction business operator's report submitted by the victim), an investigation report (Attachment of a copy of the work contract with C in 2013), an investigation report (Attachment of the contract with the current construction business operator's report in January 16, 2017), an investigation report (Attachment of the subcontract with A), an investigation report (Attachment of the contract signed by the suspect A), a criminal investigation report (Attachment of the subcontract signed by A with A), the suspect suspended construction and then J.

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