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(영문) 대전지방법원 홍성지원 2018.02.01 2017고정214
업무방해
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 4, 2017, when the Defendant had had a good appraisal against the victim C due to land ownership, at around 07:30 on January 4, 2017, the access road in front of the victim's housing located in Chungcheongnam-si, Chungcheongnam-do, the Defendant anticipated at the time that the damaged person would enter the above construction site during the construction of the river uniforms to construct housing in the neighboring site, and allow E, a Dong Ne resident, to install a light rail at the center of the above access road for about 30 minutes from around 11:10 to around 12:00 on the same day, to prevent the entry of the above construction site.

Accordingly, the Defendant interfered with the construction work of the injured party by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and F;

1. Satellite maps, on-site photographs, and guidance;

1. A certificate for all registered matters;

1. A written confirmation of land use plan was without the purpose of obstructing construction, and it was possible to enter the construction site of the damaged party on another road, thus there was no intention to obstruct the construction;

The argument is asserted.

However, according to the evidence of the judgment, it is recognized that the defendant did not want to enter a construction vehicle and did an act as stated in the facts charged, that the police dispatched to the site and prevented the entry of the ready-mixed vehicle even after the movement of the horse, and that there was a lack of access by the ready-mixed vehicle on other paths.

The circumstance that the key alleged by the defendant was posted or there was another access road does not interfere with the establishment of a crime of interference with business, and the defendant's above assertion cannot be accepted.

Application of Statutes

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The Criminal Act to attract a workhouse;

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