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(영문) 광주지방법원 해남지원 2016.08.18 2016고정37
업무방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant, a person operating a pen with the trade name of “C” in the south-Namn Navy B, did not have a good appraisal of the victim D residing in the same village, on the ground that the victim D, who was living in the same village, installed a plastic house on the land immediately below the above penta, and attempted to interfere with the prospects of penta.

On March 10, 2015, the Defendant: (a) installed a wooden pole at a height of about 4.3 meters to the upper end of the road leading to the victim’s land; (b) connected the upper end of the road to trees; (c) putting up a signboard promoting the pention; and (d) on April 10, 2015, the Defendant, who was requested to install a vinyl on the said land from the victim’s truck, she obstructed the victim’s construction work by force by preventing the trucking freight vehicles from passing through the said road on the said land from passing through the said road.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to D, G, and F;

1. The defendant asserts that there was no interference with the installation of greenhouse houses by the victim, such as on-site photographs, attachment of photographs at places to be installed by the petitioner, and append copies of I telephone conversations and quotations to the president of H Co., Ltd.), investigation reports (as indicated in the facts constituting a crime, the height from the ground to the street)

However, according to the court's legitimate examination of evidence, in order to install a plastic greenhouse on E land owned by the victim, it can be acknowledged that the victim interfered with the business of the plastic house construction by installing a wooden pole, etc. on the above road as stated in the facts constituting the crime in the judgment of the defendant, by preventing the Franc from entering the land owned by the victim.

Defendant’s assertion is not accepted] Application of the statute

1. Article 314 of the Criminal Act applicable to the facts constituting an offense and Article 314 of the Criminal Act that selects a sentence.

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