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(영문) 창원지방법원 2016.02.04 2015고단2956
업무방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On July 23, 2015, the Defendant: (a) contacted the residents’ civil petition near the construction site that the noise, dust, etc. was seriously generated at the construction site of the new apartment (hereinafter “instant construction”); and (b) demanded E, the head of the site site of the instant construction project, to suspend the construction; (c) however, he/she did not accept the request for the suspension of the construction; and (d) did so to prevent the progress of the instant construction project from being supported.

Accordingly, on July 23, 2015, the Defendant interfered with the construction work of newly constructing apartment complexes, the victim corporation, which is the contractor of the instant construction project, by preventing the work of the said construction machinery from working for 1 hours from 11:00 to 12:00, and from 13:00 to 17:00 to preventing the front of the said construction machinery by blocking the construction machinery from working for 4 hours.

Accordingly, the Defendant interfered with the victim's construction work by force.

2. On July 24, 2015, the Defendant interfered with the Defendant’s work at the construction site of this case, on the same ground as the preceding paragraph from 07:00 to 10:00 on July 24, 2015, prevented the Defendant from performing the work of the said construction machinery by blocking the front of the ceiling, air, sckes, etc. working for three hours from around 07:0 to around 10:0, and the Defendant attempted to enter the said construction site on the ground that the noise at the construction site was measured from around 15:40 to around 17:00, on the ground that it attempted to measure the noise at the construction site at the construction site for 1:20 minutes, and the Defendant’s access was prevented by the on-site human parts, thereby interfering with the Defendant’s construction work of newly constructed apartment by blocking the passage of 7 ready-mixed vehicles on the access road owned by the Defendant to enter the construction site.

Accordingly, the Defendant interfered with the victim's construction work by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police for E;

1. Information status report, construction obstruction site photographs;

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