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(영문) 수원지방법원 성남지원 2018.05.30 2017고정1865
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

On January 2017, the Defendant, who runs the construction equipment leasing business in the name of “C”, was requested by E companies that entered into a concrete pumps rental contract between the victim, Seoul Special Metropolitan City D New Apartment Construction Co., Ltd. to provide concrete pumps support between the victim, who subcontracted the steel-reconstruction work at the site of Seoul Special Metropolitan City D New Apartment Construction. On January 14, 2017, the Defendant, at around 13:00, used F concrete pumps vehicles, which are actually owned by the Defendant.

When the existing boom of the above vehicle was unable to carry out concrete booming work at the site due to short of the existing boom, the defendant asserted that it was a safety accident that occurred due to the negligence of the manager at the scene of the vehicle and cut booming the above vehicle and cut boom booming it without arbitrarily giving up about 10 meters of the price for booming in spite of the fact that the boom booming of the above vehicle was committed in the past, the defendant neglected the above vehicle and cut boom booming, left the site, and left the site, even at the request of the removal of the above vehicle and boom boom booming, and neglected the above vehicle and the boom boom boom 19 days prior to February 1, 2017.

Accordingly, the Defendant interfered with the work of the injured party by force.

Summary of Evidence

1. Legal statement of witness G;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Copy of the protocol concerning examination of the police officer in G;

1. Investigation reports ( telephone investigation, I), investigation reports ( telephone conversations between a witness and his/her J);

1. Application of the police seizure protocol statutes;

1. Article 314 (1) of the Criminal Act and Article 314 of the same Act concerning the crime, the selection of fines;

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 intent of interfering with the work is to prevent the preservation of evidence in the future, since there is no fact that the company has received a request for removal from the alleged main point of view, and the on-site manager has filed a complaint against the violation of the Industrial Safety and Health Act.

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