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(영문) 서울동부지방법원 2015.09.11 2015고정558

업무방해

Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The Defendant is a member of the Housing Redevelopment and Improvement Project Association (hereinafter referred to as the “Union”).

Around December 10, 2013, the Defendant did not have prepared and submitted a written resolution on November 23, 2013 with 300 persons, including the following: (a) in E located in Seongdong-gu Seoul Metropolitan Government on December 10, 2013, the Defendant attended the general meeting of the association where the victim F, who is the president of the above association, was in progress, for a resolution of the general meeting; and (b) the case where there is 30 persons, such as union members, to revise the management and disposition plan related to the proportional ratio reduction (hereinafter referred to as “written resolution on November 23, 2013”); and (c) at the association’s discretion, the Defendant forged by preparing and forging a written resolution on November 23, 2013 in the name of the Defendant under

It is called as a "large interest".

However, the written resolution dated November 23, 2013, at the same time, was signed by the defendant with an indication that the defendant objects to the agenda, signed by himself and sealed the seal of the defendant and sent it to the union by mail, and there was no forgery in the union.

Accordingly, the defendant spreads false facts to interfere with the legitimate duties of the victim on the process and resolution of the general assembly.

Summary of Evidence

1. Court statement of the defendant (the fourth court date);

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to written expert evidence (the results of expert witness G’s written and stamp image appraisal);

1. Relevant provisions of the Criminal Act and Articles 314 (1) and 313 of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;