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(영문) 인천지방법원 부천지원 2019.01.11 2018고정427

업무방해

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant was the four representatives of the occupants of the building B in Kimpo-si, and C was the vice-chairperson, D was the general secretary, the 6th representative of E, the 7th representative of F, and the 8th representative of G, and the victim H was the one who was in charge of the election management members of the building B.

Around July 5, 2017, the defendant, C, D, E, F, and G held a council of occupants' representatives on the grounds of the decision to dissolve the election commission in the above B building, but the above meeting did not take effect without the attendance of a majority of the operating committee.

Nevertheless, the Defendant and C, D, E, F, and G decided to dissolve the “election commission” without due process. On July 5, 2017, and July 2, 2017, the Defendant and C, D, E, F, and G directly removed the notice of election commission attached to each floor bulletin board and elevator in the above B building on July 5, 2017.

Accordingly, the defendant, C, D, E, F, and G interfered with the election management of the victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F in the court;

1. Legal statement of the witness H;

1. Each protocol of suspect interrogation of the defendant and D by the police;

1. Each police statement of H;

1. The defendant and his defense counsel, such as the complaint, management rules, and each public notice, acknowledged that the defendant removed the public notice of the election commission attached by the victim as stated in the facts of crime, and asserts to the effect that the act of attaching the victim's public notice itself does not constitute an act subject to protection of the crime of interference with business because it is illegal, and the defendant's act constitutes a justifiable act

In full view of the evidence duly adopted and examined by this Court, the election process of the fifth tenant representative of the building B of this case, the composition and selection process of the election management committee, the progress of the election management committee's activities and the process of the above election procedure, the place where each public notice was attached, the method of removal, and the conditions before and after.