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(영문) 서울북부지방법원 2016.07.21 2016고단1687
업무방해
Text

Defendant shall be punished by a fine of KRW 2,000,000 (No. 2,000).

When the defendant does not pay a fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant: “F Emergency Countermeasure Committee established on the ground that the victim C corporation’s right to enjoy sunshine, etc. of neighboring residents is infringed due to the “E” construction project performed in Seoul Special Metropolitan City, Nowon-gu D; and the victimized Company entered into a construction contract with the Korea Land and Housing Corporation around December 2015 and carried out work for installing temporary fences for E construction from January 20, 2016.

1. On January 20, 2016, the Defendant interfered with the duty of installing temporary fences of the victimized company by force on the ground that the victimized company’s act of installing a fence to install a temporary pentle by using pokes and that it violated the view right of neighboring residents, etc.

2. On February 15, 2016, the Defendant: (a) reported that the damaged company performed the work of installing temporary fences using sckes; and (b) opened pipes on the access road to the construction site on the grounds of the preceding paragraph; (c) prevented sckes from entering the construction site; and (d) obstructed the victimized company’s work of installing temporary fences by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry in the complaint book and the police statement protocol against G;

1. Application of statutes to video CD viewing results (limited to images whose last number is contained in a file “189”)

1. Article 314 (1) of the Criminal Act applicable to a crime (to select a fine, taking into account the fact that the victimized company has an intention not to punish the victimized company);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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