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(영문) 광주지방법원 2017.09.07 2016고단4926
업무방해등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is the owner of Jeonsung-gun C, and the victim D is the representative of F Partnership Corporation, the owner of E, and the victim is a person who has been recognized as having a right to passage over surrounding land on the land owned by the Defendant by the Gwangju District Court Decision 2014No. 3753 Decided December 18, 2015.

1. On April 30, 2016, from around 08:00 to around 09:00 on the same day, the Defendant: (a) viewed that the damaged party in the above C was performing the construction of access to the land in question owned by the Defendant; (b) and (c) provided that the said judgment was limited to the large interest to the other work articles listed on the refratter who was dissatisfied with the said judgment and was performing the construction of access roads, and prevented the said construction of access roads.

Accordingly, the Defendant interfered with the business of access road construction of the damaged party by force.

2. On April 26, 2016, on the part where the victim of the boundary is recognized to have access to surrounding land by the above judgment, three boundary marks were installed by requesting a survey to the head of the Korea Land Information Corporation and the Sung-gun Branch Office.

Accordingly, the Defendant was dissatisfied with the above judgment at the time and place specified in paragraph (1) above, and removed three items indicating the boundary installed by the victim as above.

Accordingly, the defendant was unable to recognize the boundary of land.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. A report on investigation (attaching photographs, etc.);

1. On-site photographs related to the sealing of the boundary mark, and on-site photographs related to obstruction of duties;

1. Copies of the results of cadastral survey;

1. A whole certificate of registered matters and a certified copy of cadastral map;

1. Results and rulings of the disposition of the relevant case, and related judgments;

1. Application of Acts and subordinate statutes to inquiries about each fact about the Korea Land Information Corporation's branch offices;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 370 of the Criminal Act (the point of invasion of boundaries), and Article 1 of the choice of imprisonment with prison labor.

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