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(영문) 대전지방법원 천안지원 2018.02.09 2017고정434
업무방해
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendants conspired to interfere with the construction work of the victims in a way that the victims D and E are dissatisfied with the construction of swine stables in the south-gu Filwon in the Southern-gu, Yancheon-gu, and obstructed access roads to construction works.

On September 2016, 2016, the Defendants: (a) installed 15 strings of pipes and their nets on the roads of six meters wide-breadth G in south-gu, Southern-gu, Southern-gu, and prevented the Defendants from entering the said construction site.

As a result, the Defendants conspired with and by force interfered with the victims' construction of pigss.

2. The summary of the Defendants’ assertion is not the part of the Southern-gu G (hereinafter “G land”) in the city of Y (hereinafter “H land”) where the Defendants installed a structure, but the part of the H land under their management (hereinafter “H land”) at the time when the victims were permitted to use it as a road.

As long as the Defendants installed structures on their own land under their management, they cannot be seen as interference with their duties.

3. Determination

A. The part of G land for which the victims were permitted to use for the entry into and exit from the factory from the country is part of G land (Evidence Records No. 118 pages, no. 148 pages). Accordingly, the victims must pass through only G land.

In addition, unlike the public book, the road actually invadeds part of the G land beyond the G land area.

Even if the above H land is not permitted to use the right to passage the surrounding land, the victims do not have the right to pass through the H land, and the Defendants, who have the right to manage H land, installed a structure on the part where they violate their own land among the roads, and cannot be deemed as an unlawful interference with the work.

B. First, we examine where the relevant structure has been installed.

In light of the following circumstances acknowledged by evidence, only the materials submitted by the prosecutor are applicable.

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