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(영문) 광주지방법원 순천지원 2018.06.18 2018고정76
업무방해등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant and the victim C (n, 48 years old) are residents of the same village who own adjacent land.

1. While the Defendant damaged the property, the Defendant used the forest land D as a farming land in the South Korea-Yungjin-gun, the Defendant was able to throw away the forest land from the department on the ground that the damaged person purchased the forest land and installed a steel net on the boundary, thereby hindering his own farming company.

On April 16, 2016, the Defendant: (a) by using his Trackter on his Trackter on April 16, 2016, laid down a steel net of approximately KRW 1100,000 in the market value owned by the victim; and (b) laid down a steel pole.

Accordingly, the defendant damaged the victim's property.

2. When the Defendant was aware that the victim employed the excavated articles to sell the forests and fields listed in paragraph (1) and used them as dry field, the Defendant had the mind that he would no longer use the said forests and fields as farming field. On February 14, 2017, from around 10:00 to 11:00, 2017, the Defendant left two biters in the above forests and parked and prevented the excavated articles employed by the victim from working.

Accordingly, the Defendant interfered with the victim's dry field farming business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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