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(영문) 춘천지방법원 영월지원 2018.10.16 2018고정11
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

The Defendant was a person who resides in Gangseo-gun B, and the victim D, the representative of C, entered the construction site through the above front road, while carrying out five new construction works of detached houses in Pyeongtaek-gun E in Gangwon-gu, Gangwon-do, with a view to blocking the front side of the above B, which is the only access road available to enter the construction site.

1. On April 16, 2017, from around 15:00 to around 15:00 of the same month, the Defendant installed a steel structure to prevent the entry into or leaving of a construction vehicle, such as a refrigerator, at the construction site in front of the foregoing B at the front of the foregoing month (the installation of a iron bar with a height of 2.8 meters) and obstructed the work of the damaged party by parking a motor vehicle of 1 ton of freight owned by the Defendant on the foregoing road, thereby preventing the entry and exit of the construction vehicle.

2. On August 28, 2017, from around 06:30 to around 08:30 on the same day, the Defendant parked an agricultural use track with a width of up to 2.5 meters so that vehicles, such as digging machines, can not enter or depart from the above roads B, and thereby interfere with the work of the damaged party by preventing the entry of the construction vehicle and the entry thereof.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. All on-site photographs;

1. On-site photographs of the incident interfering with business;

1. A report on investigation (verification of the status of measures to be taken against the reported details in D 112), and a list of reported cases by the Pyeongtaek Police Station 112;

1. Application of Acts and subordinate statutes to a investigation report (the Minister of Justice in charge of G office H currency report);

1. Article 314 of the Criminal Act and Article 314 (1) of the same Act and the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 defendant's act did not interfere with the victim's work.

The evidence duly adopted and examined by this Court.

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