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(영문) 수원지방법원 2017.09.14 2017고정1495
업무방해
Text

Defendant

A A shall be punished by a fine of KRW 700,000 and by a fine of KRW 1.5 million, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant B and Defendant A’s joint crime is the head of the D Village, and Defendant A is the Saemaul leader.

The Defendants demanded that the victim E make a defect in the site of housing site construction on its own site and contribute a public road that has been used by the residents for a long time to the village. However, the Defendants were willing to interfere with the construction that the victim did not accept the requirements.

From February 7, 2017 to 08:0 to 09:30, the Defendants obstructed the work to prevent the victims of approximately one hour and 30-minutes from entering the construction vehicle using G vehicles in order to find out the site of the victim E (51 years, south) in front of the Hasung City at the work site of the victim E (the victim E) and to fulfill their requirements.

2. Defendant B’s sole crime committed on February 10, 2017: (a) obstructed Defendant B’s work to prevent a person from doing stuffing damage, using Pokes, from doing so on the ground that the victim did not meet the requirements at the location described in paragraph (1) of this Article; (b) Defendant B’s sole crime committed by Defendant B, using Pokes to prevent the victim from doing so.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Complaint;

1. On-site photographs;

1. A copy of a trading contract;

1. Business plan;

1. Investigation reports (2.7. Attachment of crimes and site photographs), and application of Acts and subordinate statutes to investigation reports (additional photographs of crimes by time);

1. Article 314(1) and Article 310 of the Criminal Act; Article 314(1) and Article 30 of the Criminal Act; Article 314(1) and Article 314(2) of the Criminal Act; Article 314(1) of the Criminal Act; Article 314(2) of the Criminal Act; Article 314(1) of the Criminal Act; Article 314(1) of the same Act; Articles 314(1) (a) of the same Act

1. Aggravated concurrent crimes by Defendant B: the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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