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(영문) 수원지방법원 여주지원 2013.08.26 2013고정266
업무방해
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 26, 2012, the Defendant entered into a contract for construction works with D and 653 billion won with respect to new logistics warehousing construction works newly built by E&C located in E-si on January 26, 2012, and underwent the completion inspection on October 18, 2012.

On February 8, 2013, the Defendant: (a) installed a container of three meters wide and six meters wide at the entrance of the D’s building on the ground that D did not pay the construction price; and (b) installed a f’s card stating “The site is under the influence of lien due to the payment of the construction price; and (c) prevented the entry of the persons who wish to sell the said building, thereby hindering D’s leasing business.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of D police statement;

1. On-site photographs;

1. A contract agreement on construction works;

1. Application of Acts and subordinate statutes to investigation reports (on-site verification);

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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