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(영문) 수원지방법원 성남지원 2013.09.13 2013고정941

업무방해

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the clerical error on December 16, 2012 stated in the indictment on December 6, 2012. On December 6, 2012, 2012, the Defendant interfered with the joint work work of members of the Senior Citizens Association by replacing the entrance correction system of the second floor where 20 members of the Senior Citizens Association, such as D and E, were used as joint work place without any justifiable reason, as part of the senior citizens’ work site in Seongbuk-gu Seoul Metropolitan City Senior Citizens Association, and by force.

2. Determination:

A. The following facts are acknowledged according to the evidence duly adopted and examined by the court.

① The Defendant is in the position of the president of the council of lessees’ representatives of Seongdong-gu C building, which is a rental housing, and according to the management rules of the above apartment, the council of lessees’ representatives may consult with the rental business operator on the maintenance and repair of common areas, incidental facilities and welfare facilities of rental housing, and if it is deemed necessary to pass a resolution

② Of the members of the Senior Citizens Association of C building, 20 persons, among the members of the Senior Citizens Association, were provided with daily distance from F organizations as part of the Senior Citizens Employment Business in Seongdong-si, and were provided with the said space as a public book for the said space. On August 2012, 2012, on the ground that around August 2012, the management office and the head of the senior citizens’ center were equipped with the two floors of the senior citizens’ center and performed the joint work at the said place.

③ On October 4, 2012, the Defendant, upon consultation with G, who is a director of the Senior Citizens Association, filed a civil petition against the occupants regarding the use of the above space without permission by some members of the Senior Citizens Association, intended to return the keys to the second floor of the Senior Citizens Association and use it after going through normal procedures.

(5) However, some members of the Senior Citizens' Association continued to use a reproduced key to work jointly on the second floor of the Senior Citizens' Association, and the defendant does not work in the above space for the Chairperson, etc. of the Senior Citizens' Association.