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(영문) 수원지방법원 여주지원 2017.02.01 2016고정402
업무방해등
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

1. On June 28, 2016, from around 07:00 to around 10:00, the Defendant: (a) installed Fone Starex vehicle and obstructed construction works of the construction business operator C’s civil retaining wall installation on the ground that C intends to use the defective Defendant’s road and enter the said road in order to proceed with the construction work of the E civil retaining wall installation requested by the construction business operator C to the complainant D.

2. The Defendant interfered with ordinary traffic by setting up and leaving F Cost Star vehicles on a road for the foregoing reasons at the time and place above, thereby hindering traffic by blocking the passage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written confirmation of traffic obstruction;

1. Application of statutes on site photographs;

1. Relevant Article 314 (1) of the Criminal Act, Article 314 (1) of the Criminal Act (the point of interference with business), Article 185 of the Criminal Act (the point of interference with general traffic), and the selection of fines, respectively, for criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who commits any of the above crimes shall be more severe general traffic obstruction because one of the above crimes constitutes several crimes);

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment does not have any record of punishment heavier than that of the same kind of crime and fine, and the injured party shall be sentenced to the same punishment as the disposition in consideration of the circumstances in which the injured party does not want the punishment of the defendant by mutual consent with the injured party.

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