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(영문) 제주지방법원 2019.02.01 2013고단692
업무방해등
Text

Defendant

A shall be punished by a fine of KRW 700,000.

Defendant

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

Reasons

Punishment of the crime

On December 2, 2015, from around 12:46 to 12:52 on December 2, 2015, the Defendant: (a) loaded construction materials necessary for the start-up construction work at the site of D construction sites located in Seopopo City Co., Ltd., E, and F Co., Ltd., to enter the site of construction; (b) obstructed access to the construction site of the said vehicle by preventing the progress of the vehicle from being driven by the GH, which is driven by the GH, from entering the construction site; and (c) preventing the progress of the vehicle by continuously entering the bottom of the LA driven by the JJ affiliated K.

Accordingly, the Defendant interfered with the construction work of E and F Co., Ltd. and the transportation work of ready-mixed vehicle drivers.

Summary of Evidence

1. Each police protocol of statement of M, N, K, and H;

1. Application of the Act and subordinate statutes to investigation report (in light of the fact that the defendant's act was entered under the vehicle indicated in the judgment of the defendant, it is difficult to regard the defendant's act as a justifiable act that does not go against social norms

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act (one hundred thousand won per day) of the Criminal Act;

1. The portion not guilty of the suspended execution under Article 62 (1) of the Criminal Act (including the circumstances of the crime, the situation before and after the crime, the situation that the defendant appears to have been faced with considerable shock due to the external situation at the time of the crime, the hours during which vehicle traffic was obstructed by the defendant's behavior for two minutes, and the fact that the defendant did not reach the crime for personal benefit);

1. "2013 Highest 692" (Defendant A);

A. On September 21, 2012, around 15:55, the facts charged, at the D & D construction site located in Seopo City, P & D Co., Ltd., a contractor, under the management of P & D Co., Ltd., Q & R were performing the production of blocks and equipment for the establishment and use of the blocks, and concrete building theory necessary for the work.

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