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(영문) 인천지방법원 부천지원 2018.03.30 2018고단55
업무방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On April 21, 2017, the Defendant: (a) around 10:00, at the construction site of the victim D in Bucheon-si, and obstructed the victim’s construction work by force by forcing the victim to avoid a disturbance in the middle for about six hours at the middle, including the victim’s bathing to “outstanding the construction”, and the victim was seated on the part of pokes, etc.; and (b) the victim was unable to perform construction works.

2. The Defendant from around April 22, 2017 to around 16:30.

4. From 10:00 to 24. 10:00, the victim interfered with the construction work of the victim by force, such as setting up a mixed car at the entrance of the construction site, and preventing the entry of the construction site, the Defendant, at the entrance of the construction site, from entering the construction site, and preventing the entry of the construction equipment, such as Pokes, into the construction site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. An investigation report (Attachment to the table for 112 Report Processing), the table for 112 Report Processing, the investigation report (a statement by the deputy F who is the president of the public agency), the investigation report (a submission of data - a statement by the complainants - a confirmation of facts, etc.);

1. Application of Acts and subordinate statutes to accusation and photographs interfering with business;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include several records of violent crime committed prior to 2003. There are records of being sentenced to a fine as intimidation on or around December 2015, and the fact that no agreement has been made with the victim is disadvantageous to the defendant.

However, the defendant's crime of this case does not seem to be the exercise of power against many unspecified people or the expression of violent tendency.

In the course of constructing an illegal building without permission for neighboring land, the passage of the vehicle used by the defendant from the previous time is closed.

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