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(영문) 대구지방법원 서부지원 2020.06.23 2019고정665
업무방해등
Text

1. Defendant A shall be punished by a fine of three million won, and Defendant B shall be punished by a fine of two million won.

2. Defendants each of the above facts.

Reasons

Punishment of the crime

1. The Defendants’ co-principal is a director of (State)C; Defendant B is the representative of (State)C; D is the spouse of Defendant A; and E is a person employed by Defendant A.

The Defendants asserted that at around 12:00 on August 29, 2018, the victim(s) workers belonging to the State F in Ansan-si around 29, 2018 were entitled to the right to the scrap metal at the H removal site where the workers belonging to the State are performing the removal work. Defendant A opened the entrance at the closed site above the pents of the said construction site and Defendant B, D, and E entered the entrance opened by Defendant A to the said construction site.

Accordingly, the Defendants conspired with D and E to intruded the victim's structure.

2. Defendant A

A. On August 30, 2018, from around 13:30 to 14:00, the Defendant parked the I Poter vehicle at the entrance of the construction site on the ground that the victim (owner)G carried the scrap metal out at the construction site of the said H removal site.

Accordingly, the defendant interfered with the removal of the victim's building by force.

B. On August 31, 2018, from around 13:15 to 14:14, the Defendant: (a) prevented the Defendant from entering the construction site by blocking the front side of the J-Vehicle seeking to enter the construction site on the grounds that the Defendant removed scrap iron from the victim (a)G at the construction site.

Accordingly, the defendant interfered with the removal of the victim's building by force.

Summary of Evidence

1. Defendant B’s statement in the third protocol of trial;

2. Partial statements of each police interrogation protocol against Defendant A

3. Some statements in police interrogation protocol of each police officer in relation to D and E;

4. Application of the respective Acts and subordinate statutes of K and L;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 319(1) and 30(1) of the Criminal Act; Article 314(1) of the Criminal Act; Article 314(1) of the Criminal Act (a point of interference with business); the selection of fines

B. Defendant B: Articles 319(1) and 30 (Selection of Fine) of the Criminal Act

2. Defendant A from among concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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