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(영문) 수원지방법원 2016.03.31 2016고정67
업무방해
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who resides in Suwon-si Water Zone C, and the victim D is a F corporation that implements the construction of housing site in the land located in E.

Defendant asserted that the front road in front of the above place of residence is being managed by the injured party, and tried to interfere with the construction of the injured party by allowing vehicles entering the construction site to pass the above road without their permission on the ground that they walk the above road.

1. On August 19, 2015, the Defendant: (a) prevented the Defendant from entering the said construction site by placing a Gunst car owned by the Defendant with a width of 2 meters or more on the road above 4.5 meters in width; and (b) preventing Pokes, dump trucks, etc., a vehicle at the construction site of the victim with a width of at least 3 meters from entering the said site; and (c) obstructed the Defendant’s construction work by force.

2. On August 31, 2015, the Defendant: (a) prevented the victim from entering the construction site by putting the Defendant’s car parked on the above road in the same manner as Paragraph 1; and (b) preventing the victim’s vehicle from entering the construction site by allowing the victim’s vehicle from entering the construction site; and (c) obstructed the victim’s construction work by force

3. On September 1, 2015, the Defendant parked the Defendant’s car on the above road in the same manner as Paragraph 1, and prevented the victim’s vehicle from entering the construction site in such a way as to prevent the victim’s vehicle from passing through the said road, thereby hindering the victim’s construction work by force.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each written statement of D;

1. On-site photographs;

1. Report on the occurrence of each incident, and the application of Acts and subordinate statutes on site photographs;

1. Relevant Article 314 of the Criminal Act and Article 314 (1) of the Criminal Act and the selection of fines for the crime;

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. The Criminal Act to attract a workhouse;

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