(영문) 광주지방법원 순천지원 2016.04.21 2015고단2342

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(영문) 광주지방법원 순천지원 2016.04.21 2015고단2342

업무방해

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 02:00 on October 6, 2015, the Defendant was driving a Chump truck with one lane between the four-lanes in front of the GS Crick power plant in front of the Hyundai Open University. At the same time, the Defendant considered that the E 25 tons dump truck drivened between the first and the second two-lanes, which was driven by the victim D., the Defendant dump truck drivened in the front of the GS knex dump truck in front of the GS dump dump dump dump, which was put in front of the instant dump truck in front of the instant dump dump dump dump.

However, in the light of the black image, he was cut in person.

This part shall be excluded from the facts constituting the crime, but shall not be stated separately as the part not guilty;

The victim intentionally dump trucks with a view to sump trucks that flap trucks are flaped and raised.

Accordingly, the Defendant, from the road of the above GS Tech, driven the above sump truck at low speed of about 20 - 30km in front of the victim’s dump truck, and obstructed the progress of the victim by driving the above sump truck at low speed of about 1.5 km, and by driving the vehicle in front of the victim’s dump truck at low speed of about 20 - 30 kilometers, the victim would have avoided the course of moving the vehicle to the longer vehicle, and by driving the 2-3 dump truck.

As a result, the Defendant interfered with the victim's business concerning the operation of cargo vehicles by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the statement made by the police against D;

1. Application of the Trabbbbbbbs film laws and regulations

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Determination on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

1. The act of the defendant on the gist of his defense counsel does not constitute a threat of force as determined by the crime of interference with his/her business, nor did the result of interference with business

2. The force determined by the obstruction of judgment affairs shall be all the objects of restraint and confusion on a person’s free will.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제314조 제1항

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