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(영문) 서울중앙지방법원 2015.04.15 2014고정5682

업무방해

Text

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

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

Reasons

Punishment of the crime

On December 26, 2012, the Defendant was elected as the president of the Self-Governing Management Council at the 17th regular meeting of the Self-Governing Management Council.

Article 2 of the Addenda to the Management Rules that if the height of the partition exceeds 120 centimeters at the time of the general meeting of the 17th regular meeting of the 17th regular meeting of the 120th regular meeting of the 17th regular meeting of the 19th regular meeting of the 19th regular meeting of the 19th regular meeting of the 17th regular meeting of the 19th regular meeting of the 19th regular meeting of the 17th regular meeting of the 20th regular meeting of the 20th regular meeting of the 20th regular meeting of the 3/4 regular

At around 00:20 on December 25, 2013, the Defendant knew that, according to Article 2 of the Addenda to the Management Rules before the Seongbuk-gu Seoul Family Organization’s amendment of the above Management Rules was null and void, if the height of partitions exceeds 120 centimeters, the Defendant was unable to take measures for cutting off or cutting off electricity at each of the above stores until April 22, 2014, on the ground that there is a partitions more than 120 centimeters in height at the laundry repair shop (No. 118 and 122) operated by the victim D and the clothes repair shop operated by the victim E (No. 119) operated by the victim E, the Defendant cut off the electricity supplied to the above stores by F, the head of the management office, and prevented electricity from being supplied until April 22, 2014.

Accordingly, the Defendant interfered with the victims' store operation business for about four months by force.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement concerning G and D;

1. Each investigation report (the receipt of decisions confirming the existence of the resolution of the general meeting of managing bodies by complainants, and the attendance at the 17th general meeting and statement by telephone, etc.);

1. Application of the management rules, amended management rules and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment.

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.