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(영문) 서울중앙지방법원 2014.01.23 2013고정6033
업무방해
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person working as the team leader of the Korea Land Trust E head office, and the victim G is a person who was the H representative director.

On August 22, 2011, H entered into a contract with the Korea Land Trust Co., Ltd. to complete the said construction work within 16 months after being awarded a contract for KRW 6,212,00,000 for KRW 6,212,00,00. However, from May 2012, the construction work was not normally carried out due to the lack of funds of H and the filing of civil complaints by neighboring residents. Accordingly, around August 23, 2012, J, the Korea Land Trust Co., Ltd., which is the victim G and H, the K, the Korea Land Trust Co., Ltd., and the Defendant was selected as the N Team manager to normalize the instant construction work on the same day.

On August 24, 2012, around 05:00, the Defendant occupied the instant construction site with approximately 5-6 employees of the service company at the instant construction site. At around 06:30 on the same day, the Defendant continued to control the entry of the head of the HH Department and the personnel division into the instant construction site.

Accordingly, the Defendant interfered with the instant construction work of the victim G by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police officer's statement concerningO and G;

1. Statement of the police about P;

1. A contract agreement on construction works;

1. Responses to the notification of termination of a contract for construction works;

1. The application of the Acts and subordinate statutes requesting the termination of construction contract and the surrender of construction site;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, there is no duty subject to interference with the instant construction work, or there is no social protection value.

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