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(영문) 대전지방법원 홍성지원 2015.07.15 2015고정109
업무방해
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

Indictment

A. Defendant A and Defendant B’s co-principal Defendants conspired with the victim to interfere with the operation of construction vehicles, such as scrails, etc. to enter the above construction site in order to assess the impact of groundwater of the site and to establish access roads for appurtenant construction works, by installing a track on the access road at the entrance of the factory site of the Had Co., Ltd. located in Chungcheongnam-gun, Chungcheong Budget-gun from August 3, 2014 to August 4, 2014, thereby obstructing the work of Samwon Development Co., Ltd. by force.

B. On August 5, 2014, Defendants B, C, D, and E co-principals interfered with the construction work of Samwon Development Co., Ltd. by obstructing the operation of construction vehicles, such as the victim and Samwon Development Co., Ltd., by obstructing the operation of the aforementioned construction site in a way that Defendants B, C, D, and E are installed in order to conduct an impact assessment of groundwater and an access road for appurtenant construction at the above construction site in order to install an access road for the said site in a successive order.

Judgment

Facts of recognition

According to the records of this case, the following facts can be acknowledged.

1) On March 7, 2014, H Co., Ltd. (hereinafter “instant factory site”) located outside Chungcheongnam-gun budget G and 15 parcels (hereinafter “instant factory site”) from N, in order to newly establish a ready-mixed factory due to the relationship that will expire on the end of December 2014, while the term of lease for the said factory was leased and operated from the west-gun account, west-gun, Seoul Metropolitan Government, to a company that manufactures and sells ready-mixed.

2) On April 23, 2014, H Co., Ltd. applied for approval of a project plan to establish a ready-mixed factory on the instant site to the head of the budgetary Gun on April 23, 2014, but the budget head of the Gun is short of the separation distance between residential concentrated areas and farmland on June 9, 2014 and the surrounding residential environment due to noise dust, etc.

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