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(영문) 수원지방법원 2016.10.05 2016고정1854
업무방해
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

There is a dispute between the parties due to the expiration of the land use contract in 2013 and the issue of the return of the land until now.

1) At around 15:00 on March 26, 2016, the Defendant: (a) installed a dump truck truck with the entrance of a dump truck at the entrance of the dump truck, on the ground that the victims prevented the entry of a new dump truck, which is conducted dump truck, in order to establish a new sump truck. (b) On March 26, 2016, the Defendant interfered with the passage of dump truck to cover the victim’s dry field by preventing the victims from gaining access to the dump truck, which is a vehicle owned by the Defendant, by using the Gsp vehicle.

3. On April 7, 2016, around 16:00, the Defendant interfered with the access of the victim by cutting off the access road to the above place so as to prevent the passage of the vehicle.

Accordingly, the defendant interfered with the work of victims by force over three times.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the police about C (including D's statement);

1. Application of statutes on site photographs;

1. Relevant Article 314 (1) of the Criminal Act concerning facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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