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(영문) 대전지방법원 홍성지원 2017.07.13 2016고정239
업무방해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that C is the representative director of D, and D is the mining right holder who has the right to extract minerals of 6 parts, E, and 6 parts, E, Chungcheongnam-si, Chungcheongnam-si, and the defendant is the person who entered into a contract with the victim for mineral (L/L) production and restoration to the original state with respect to the above land and performed sprink collection work.

On February 23, 2015, the Defendant began sand extraction work and suspended construction around April 2015 due to wage and equipment costs, etc., and the Defendant did not keep a sufficient distance from the water channel to the water channel and did construction work, and ordered the victim to restore the original state to the original state, and the victim instructed the victim to restore the original state, and the victim did not comply with the order and ordered the F, a manager of the field management to perform the emergency restoration work, thereby allowing F, a manager of the field management, to perform the restoration work, thereby enabling G, a manager of the field management, to perform the restoration work.

On 11:00 on 12 May 2, 2015, the Defendant: “In order to prevent the Defendant from performing restoration work with sand collected and stored by the Defendant to F and C in the field management site at the above construction site on 11:00;

If the construction does not stop, it would be homicide, and the death shall be discarded, and the disturbance was prevented, such as blocking the front of the softener, thereby obstructing the operation of the damaged person's construction by force.

2. First of all, the evidence corresponding to the facts charged in the instant case is considered as having been written by the victim and F and the field work prepared by F.

A. First, the victim did not directly witness the scene of the crime and did not know the situation at that time.

B. The statements of F and on-site work from G enzers G are based on the content and results of the Defendant’s interference with the work, such as the entry in the facts charged.

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