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(영문) 수원지방법원 2019.07.04 2018고정2040
업무방해
Text

Defendant

A and B shall be punished by a fine of KRW 1,000,000, and Defendant C shall be punished by a fine of KRW 500,000.

The defendants are the defendants.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation D, defendant B is the former director of the same company, and defendant C is the director of the same company.

The Defendants conspired to claim lien against the construction site of another canal wells site constructed in the area of ten parcels, G G in Young-si, which is operated by the victim E, without justifiable grounds, and to interfere with the construction of the said site.

1. On June 16, 2017, the Defendants conspired to commit the crime, and around 10:00 on June 16, 2017, obstructed the victim’s construction of the said site by force, by setting a cargo vehicle of H 1 ton at the entrance of the access road to the said construction site so that construction works, materials, vehicles, etc. can not enter the construction site, thereby obstructing the victim’s construction of the said site.

2. On December 28, 2017, the Defendants conspired to commit the crime, and around 10:00 on December 28, 2017, the victim interfered with the construction of the said site by force, by setting the H1 ton cargo vehicle at the entrance of the access road to the said construction site so that construction works, materials, vehicles, etc. can not enter into or out of the construction site, thereby obstructing the victim’s construction work.

3. On March 16, 2018, the Defendants conspired to commit the crime, and around 10:00 on March 16, 2018, the Defendants obstructed the victim’s construction work for creating the above site by force, such as: (a) making it impossible for construction vehicles, excavationers, etc. to enter the construction site by parking Ichipers and Jystyuna car at the entrance of the access road at the construction site; and (b) preventing the truck from unloading the digging range from getting off the truck.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to E and K;

1. Application of statutes on site photographs;

1. Relevant Articles and 314 (1) and 30 of the Criminal Act: Defendants who choose the penalty for a crime: Articles 314 (1) and 30 of the Criminal Act;

1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants in the custody of a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act.

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