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(영문) 서울서부지방법원 2016.04.08 2015고정1178
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

The defendant is a person who opposed to the new construction of Mapo-gu Seoul Metropolitan Government E, and the victim F is a new construction contractor.

At around 12:50 on March 31, 2015, the Defendant obstructed the victim’s construction work by force in collusion with the above residents, by blocking the front of the 20-minutes in order to stop the construction work together with the defective and unnameless residents of the victim company from entering the construction site for the installation of fences at the new construction site of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Partial recording of a witness G in the third public trial records;

1. On-site video CDs of the instant case (i.e., that the Defendant did not instigate other people to engage in acts, and that it does not physically conflict with construction-related persons.)

Even if there are many residents, as long as they prevent the progress of the library immediately front of Pokele, this would interfere with the work of the damaged person by force.

In addition, it was a legitimate act that prevented the progress of construction by force, and that it did not violate the social rules.

of this section).

Application of Statutes

1. Article 314(1) and Article 310 of the Criminal Act and the selection of fines for criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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