(영문) 광주지방법원순천지원 2020.12.09 2020고정517

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(영문) 광주지방법원순천지원 2020.12.09 2020고정517

업무방해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the dry field owner in B at a leisure time, and the victim is the person who newly constructs a house in D forest.

On June 3, 2020, the Defendant: (a) around 17:00, on the ground that part of the access roads going to the new site of the instant post house is land owned by the Defendant, the Defendant set the surface of the road so as not to enter the road to the new site of the victim, such as refacing season, on the ground that part of the access roads going to the new site of the instant post house

Accordingly, the Defendant interfered with the victim's new construction work by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement C prepared by the police;

1. Submission photographs of complainants, and photographs of on-site presidents;

1. The application of statutes to map of and reference to the result of boundary restoration surveying;

1. Article 314(1) of the Criminal Act applicable to criminal facts and Article 314(1) of the option of punishment [Article 314(1) of the Criminal Act, even if the defendant is the owner of B’s land at the time of taking away as stated in the facts charged, it is not only the place where the part of the above land, which either cut the floor or set up the lower part, was provided for the passage of the people in the ordinary village, but also the defendant’s intent to interfere with the new construction of the victim’s friendship, is apparent in light of the circumstances before and after the instant case,

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (when a sentence of suspended sentence of imprisonment is invalidated or revoked);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence appears to have led to the instant crime under the low awareness of illegality by paying attention to the fact that the Defendant is one’s own ownership of the instant land. In the relevant civil litigation process, the instant disputes were relatively successful, such as that the Defendant and the victim did not want the punishment of the Defendant, and the Defendant recognized all the objective facts of the instant case and was punished for the past traffic-related crimes.

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