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(영문) 광주지방법원 해남지원 2018.09.12 2018고합19
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 09:00 on June 6, 2017, the Defendant obstructed the victim’s duties by force by avoiding disturbance, such as moving the site to the victim C and his/her husband, who claimed that the site of the construction site is his/her own, and who is engaged in the work of installing a pents, and moving to the construction site.

2. Around June 17:30 on June 6, 2017, the Defendant: (a) was at the construction site at the above site; (b) was in operation of a scke; (c) was carried out several times by a sckeet (buket) which is a dangerous object with the iron-resistant entrance in an amount equivalent to KRW 800,000 at the market price installed by the victim C and his/her husband; and (d) during that process, the Defendant was faced with the front side of the victim D (44) while going beyond the steel-resistant pole installed adjacent to the steel-resistant entrance, and the victim D was in excess of the victim D (44).

As a result, the defendant carried dangerous articles and damaged the victim C's property, and suffered from the victim D's injury by scambling and tensions that require approximately two weeks medical treatment.

3. The Defendant violated the Construction Machinery Management Act: (a) around June 6, 2017, at the construction site above and without obtaining a license for the operator of the construction machinery; (b) around 50 meters, the Defendant operated the plug, which is a construction machinery.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Investigation report ( replys related to a suspect A's license to excavate;

1. A copy of a medical certificate (D) and a statement of medical expenses;

1. Application of Acts and subordinate statutes, such as field photographs;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the interference with business, the choice of imprisonment), Articles 369(1) and 366 of the Criminal Act (the choice of imprisonment with prison labor, the occupation of a person causing damage to property), the main sentence of Article 368(2) and Article 366 of the Criminal Act, Article 41 subparag. 2 and the main sentence of Article 26(1) of the Construction Machinery Management Act (the occupation of causing damage to property), Article 41 subparag. 2 and Article 26(1) of the Construction Machinery Management Act (the occupation of unlicensed construction machinery operation, the selection of imprisonment with prison labor).

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (the most severe punishment) of the Criminal Code for the aggravation of concurrent crimes.

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