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(영문) 부산지방법원 2014.02.13 2013고정3615
업무방해
Text

Defendant

The sentence for A and B shall be suspended.

From among the facts charged against the Defendants, the Defendants interfere with business around July 2012.

Reasons

Punishment of the crime

Defendant

A and B are co-representatives of the "Resident Support Committee against the Establishment of G School" as residents living near F of the Busan Metropolitan Government, which is a place where victims E-Schools want to build a new church.

Defendant

At around 08:30 on September 19, 2012, A and B jointly interfered with the victim’s church construction work at the construction site of the building site of the above church in order to allow the residents living near the construction site to have their own interest at the entrance of the construction site and to stop from entering the construction site.

Summary of Evidence

1. Each legal statement of the witness H, I and J;

1. Application of Acts and subordinate statutes to the results of the reproduction and viewing of video CDs;

1. Relevant Article 314 (1) and Article 30 of the Criminal Act; and Defendant A and B who choose the penalty for the crime;

1. Punishment A and B to be suspended: 200,000 won per fine; and

1. Defendant A and B of detention in a workhouse: Articles 70 and 69 (2) of the Criminal Act (in cases of conversion of KRW 50,000 per day);

1. Defendant A and B of suspended sentence: The portion not guilty under Article 59(1) of the Criminal Act (the fact that the Defendants agreed with the victim and the sentencing conditions under Article 51 of the Criminal Act are taken into account);

1. On July 2012, the Defendants jointly with K, L, M, N,O, P, and interfered with the victim’s church construction work by force by means of force to prevent the victim’s church construction work from entering the construction site at the entrance of the construction site, the road and the construction site, and the construction parts, which are the construction vehicles, from entering the construction site, while the victim E church construction work site located in Busan, F from entering the construction site.

2. The evidence submitted by the prosecutor alone is insufficient to acknowledge the fact that the Defendants committed the same act as the stated in the facts charged at the time and place indicated in the above facts charged. There is no other evidence to prove

Therefore, this part of the facts charged is without proof of crime.

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