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(영문) 광주지방법원 해남지원 2013.04.17 2013고정16
업무방해등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in fisheries under the trade name of Jeonnam-do C.

The Defendant was subject to a disposition such as a civil decision, etc., such as “the removal of containers and handoverers and interfered with D’s work performance,” from the Maritime Court and the Gwangju Court in civil litigation, such as a lawsuit for removal of buildings, etc. filed by the victim D in relation to the obstruction of construction.”

From June 17, 2012 to June 20, 2012, the Defendant released sea water from the axis of the Defendant in Ydo-gun, Jeonnam-do to F road, and obstructed the victim’s work so that the Defendant could not enter the construction vehicle by getting out of F road.

B. On June 20, 2012, around 14:00, the Defendant interfered with the traffic of the road by parking a Gbter vehicle on the roads Gbter on the roads G-gun, Jeonnam-do, and interfered with the victim’s construction work by preventing the victim from entering the construction site of the Gbrecon vehicle in order to perform construction work.

C. On June 22, 2012, the Defendant interfered with the victim’s business in a way that prevents the victim from entering a construction vehicle by extending the entrance of 400 square meters on the access roads entered into the victim’s construction site on the roads F., Jeonnam-do, 2012.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement made to D, H and I;

1. Application of statutes on site photographs;

1. Article 185 of the Criminal Act and Article 314 (1) of the Criminal Act concerning the facts constituting an offense (a point of interference with business) of the relevant Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (trades between the obstruction of general traffic and the obstruction of business by the date of each crime);

1. Selection of an alternative fine for punishment;

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

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

1. The order of provisional payment order is issued for the reasons above Article 334(1) of the Criminal Procedure Act.

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