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(영문) 춘천지방법원 영월지원 2018.01.23 2017고정129
업무방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 14, 2016, from around 12:00 to around 15:00 on February 17, 2017, the Defendant obstructed the victim E from cutting down trees planted in F due to preventing the Plaintiff from cutting off on the roads adjacent to the Gangwon-gun, C, and D from spreading the land.

Summary of Evidence

1. Statement made by the prosecution against E;

1. Complaint;

1. On-site photographs;

1. Investigation report (as to the statement of G which is the road owner):

1. Application of two Acts and subordinate statutes, such as investigation report (a certified copy of cadastral map submitted by the complainant), a certified copy of cadastral map, a criminal investigation report (a photograph which prevents a person subject to submission by the complainant from extending by using heavy equipment), and photographs;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The defendant and his defense counsel asserted that there was no interference with the victim's business. Thus, the defendant and his defense counsel asserted that the defendant and his defense counsel did not interfere with the victim's business. Thus, the following circumstances acknowledged by the evidence duly adopted and investigated by this court are as follows: ① in order for the victim to go to roads from the Gangwon-gun F land, the defendant should go to the road through the above farming road after going to the farm road through the access road between the land and D land; ② However, the defendant installed a digging range on the part adjacent to the above access road and farming road, and thereby the victim interfered with getting out by using a tree. In light of the above circumstances, the defendant's act of blocking the passage as seen above constitutes a interference with the victim's free act by making a certain physical condition sufficient to restrain the free will of people and causing considerable difficulty to act, thereby obstructing the victim's duty.

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