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(영문) 제주지방법원 2016.06.24 2016고정16
업무방해
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Victims C (the remaining, the age of 57) is a person working as a director of a new hotel site E in Seopo City D, and the defendant A is a land owner immediately adjacent to the above construction site.

On July 2, 2015, from around 10:30 to 11:30, the Defendant obstructed the victim’s execution of work by force, by forcing the victim to not carry out the work, such as going up to the construction site of E hotel construction in Seopo City D, and by putting the victim into the site site, and by carrying out the work, including electrical construction.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police statement made to F and C;

1. The investigation report (G staff H counterpart investigation) (the defendant and his defense counsel asserted to the effect that when leaving the victim's progress alone, electric lines are likely to intrude the defendant's land, and thus, the damage party's work does not constitute the subject of protection of the obstruction of business, and even if it falls under the requirements for the obstruction of business, it constitutes a justifiable act.

In light of the following circumstances acknowledged by each of the above evidence, namely, that the electric tracks and transformers of the hotel of this case did not intrude the Defendant’s land; the Defendant visited the scene around 08:30 on the day of this case and asked the victim to resist to their own land, and the victim was performing construction works of installing a transformers to the inside of the hotel building than the originally scheduled location, but the Defendant again visited the site of this case to prevent the victim from carrying out construction works by means of going on the back to the back of the hotel monke, etc., the victim’s work constitutes a business subject to the protection of the victim’s obstruction of duties, and the victim’s significance.

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