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(영문) 서울서부지방법원 2018.01.12 2017고정1153
업무방해
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

Defendant

A is a site site for removal of residents and victims E ( South, 63 tax).

On April 12, 2017, around 7:40, the Defendant intentionally obstructed access roads to a construction site from one’s own G (k7 white) for the purpose of interfering with construction works, on the ground that the related party of the construction project was unable to access the construction site on the ground that dump trucks are unable to enter the construction site on the grounds that he did not spread water in the construction site immediately adjacent to his residence, during the construction site.

Accordingly, it interfered with the legitimate removal construction of victims E by force, such as interfering with the passage of vehicles related to the removal construction site.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police statement made to H, I, and E;

1. Results of the verification of CCTV images by this court;

1. Application of other documents (documents, photographs, etc. submitted by A related to interference with business) Acts and subordinate statutes;

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. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserts that the removal of the above removal work and the removal of wastes is a single-time work and they are not protected by the obstruction of business.

In addition, the defendant asserts that the act of stopping a vehicle can not be seen as the exercise of force of interference with business.

section 314 of the Criminal Act shall apply to the obstruction of business

The term "work or business" refers to work or business that is continuously engaged in according to the occupation or social status, and the work or business referred to in this context is sufficient and economic if it is based on the social status, and the act itself has only one kind of nature, and it is performed as part of the original work of continuity.

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