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(영문) 대전지방법원 공주지원 2021.02.02 2020고정41
업무방해
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On June 12, 2020, the Defendant entered into a contract for the construction of a parking lot site with the victim C Co., Ltd., and completed the construction work around June 12, 2020, and received the construction cost of KRW 1870,000,000 from the victim company around the same day and around the same month.

On July 5, 2020, the Defendant was not paid KRW 300,000,000 to the victim company parking lot in front of D on July 5, 2020, for the reason that he did not receive the payment in cash from the victim company's side of the construction cost, and he was stuffed in two places on both sides of the above parking lot, and "the right of retention is exercised."

“In the above parking lot, the vehicle did not enter the above parking lot, thereby delaying the attendance of the employees of the victim company to interfere with the work of the victim company.

Summary of Evidence

1. The defendant's partial statement E of witness E of witness E of the case at the accusation site, on-site photo of witness E of witness of the police statement protocol on F of each legal statement of the F, and on-site photo investigation report (in relation to the dispatch of report to the local police station 12, on-site confirmation, and hearing of witness E of the complainant)

(1) One of the access roads on which the Defendant did not have permission to occupy and use the road, and the other one was not obstructed by passage, and there was no other place to park on the road, such as on the side of the road, so doing does not substantially interfere with the business.

(2) The act of defendants shall be limited to the act of political party as the exercise of lien.

However, according to the evidence duly adopted and examined by this Court, the following circumstances are acknowledged.

① According to the witness’s statement, on-site photographs, etc., it seems that the Defendant could not enter the parking lot unless the vehicle of the victim’s employees exceeds the news block by putting booms at two places along the victim’s parking lot access.

The victim did not obtain permission to occupy and use the road on some access roads or parked on the side of the road.

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