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(영문) 대구지방법원 포항지원 2016.06.29 2015고정477
업무방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

C Co., Ltd. entered into a contract with D Company D on October 2008, 200, for the construction of a neighboring living facility in the amount of 11.1 billion construction cost, in the north-gu, Dong-gu, Dong-gu, and two lots of land, and the construction was suspended on August 2009 because it did not receive any balance of the construction work, and the construction was in the exercise of the right of retention from March 2012. The Defendant is the manager of the said company.

F is the actual operator of the victim limited liability company (G) that resumes the new construction work by taking over the above building on August 8, 2014, where the public auction goods were used in the amount of KRW 7.64 billion.6 billion.

On March 24, 2015, from around 06:00 to April 7, 2015, the Defendant: (a) constructed a new construction site in the north-gu (Gu); (b) controlled the employees of the service sector to have access to the construction vehicle and the human body by blocking the entrance of a construction site as a car 2 in order to prevent the victim’s internal construction work; and (c) on the floor of the above building, the Defendant opened a red camera with the foregoing “in possession of lien, during the ( State) possession, during the (C) auction”; and (d) continuously prevented the employees from performing internal work, such as the installation of the fire-fighting system, etc. of the fire-fighting equipment of the working vehicle and the human body.

Accordingly, the Defendant interfered with the process of new construction of the victim company by force.

Summary of Evidence

1. Legal statement by the witness J;

1. Copy of each protocol concerning the examination of suspect against K or L;

1. Statement made by the police to J;

1. A written waiver of a construction right and a lien;

1. Each photograph and work log;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs);

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

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

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

1. The gist of the assertion is that the Defendant received a disposal decision from the court to properly exercise the right of retention on a newly constructed building as indicated in the judgment of the court, and thus, the Defendant is the Defendant.

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