logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2019.07.18 2019고단1005
업무방해
Text

Defendants shall be punished by imprisonment for six months.

However, for one year from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

The Defendants, as the rental business operators of heavy equipment, had been willing to interfere with the construction work for the purpose of receiving the price by protesting against the said E Co., Ltd., which is responsible for the management of the subcontractor on the ground that the Defendants leased heavy equipment owned by the Defendants to F, which was subcontracted by the E Co., Ltd. in charge of the construction work of the said apartment at the construction site of the said apartment complex at the Gyeonggi-yang-si

The Defendants, around 07:10 on March 21, 2019, at the site of the construction of the above new building, at around 07:10, the Defendants: (a) anchored G while fixing it to the 1 entrance near the above construction site; (b) fastening the HM5 vehicle on the roof of the said string; (c) Defendant C was on board the above string vehicle; and (d) Defendant A was engaged in demonstration by operating the said string, thereby holding the said vehicle over nine meters above the ground; and (b) interfere with concrete string work that was scheduled to proceed with using the pumps and the string vehicle at the above site.

Accordingly, the defendants interfered with the construction of apartment of the victim E company by force for about four hours.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of a witness I;

1. The work site;

1. On-site map and on-site photograph;

1. Application of Acts and subordinate statutes to a report on outdoor assembly;

1. Relevant Articles 314(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence;

1. Scope of punishment by law: One month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with business affairs [the category 1] interference with business affairs (the special person concerned] mitigated elements: Where an intentional crime is committed, the court shall have jurisdiction over special mitigation [the range of recommended areas and recommended punishment], the area of special mitigation [the scope of recommendation areas and recommended punishment], one month to eight months;

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;

arrow