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(영문) 수원지방법원 성남지원 2016.06.30 2015고정1430
업무방해
Text

Defendants shall be punished by a fine of KRW 700,000.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

On May 29, 2015, at around 08:05, the Defendants: (a) sought to enter the FFD car operated by Defendant A into the said construction work with respect to the death of Defendant B’s wife at the time of his/her service in the said construction work around June 2005, at the access road to the victim D (E located in Seongbuk-gu, Sungnam-gu); (b) however, the said employees prevented them from entering the said construction work.

Accordingly, Defendant A set up the said car at the one-lane of the access road to the said place, and Defendant B prevented Defendant B from passing through the water tank and the vehicles of the employees of the said construction work, who tried to enter D while sound on the opposite road.

Accordingly, the Defendants conspired and interfered with the victim D's entry by force for about 50 minutes.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Witness G, H, I, and J's testimony;

1. A report on an outdoor assembly;

1. On-site photographs;

1. 1) Application of the relevant Acts and subordinate statutes;

1. Relevant Articles 314(1) and 314(1) and 30 of the Criminal Act concerning the Defendants who choose to commit the crime;

1. Defendants to be detained in the 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

1. The Defendants: The Defendants and the defense counsel asserts that the illegality is excluded since they are legitimate defense, even if the Defendants’ act constitutes interference with their duties, since they are aimed at defending the current illegal infringement of the commemorative assembly lawfully reported and tried to proceed, even if they constitute interference with their duties.

In full view of the evidence duly adopted and examined by this Court and the overall purport of the pleadings, ① Defendant B reported the first outdoor assembly to the police station in the branch of the party (the place of assembly: D) but the above place of assembly is required to be supplemented by obtaining the consent of the above construction on the ground that it is a reason D.

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