업무방해
Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
The Defendant entered the 4th floor of Seongbuk-gu, Seongbuk-gu, Sungwon-si, and operated a "Duding shop", and the victim's wind is the entrusted management entity of the said C commercial building.
Defendant 1: (a) demanded a change in the method of imposing management fees for 4,5, and 6th floor level from June 2016 to June 2016, when operating a singing room by entering the said commercial building; (b) however, the victim failed to pay management expenses for 6 months from the demand and sent a mail verifying the payment demand to the Defendant in accordance with the rules and the resolution of the management committee of the commercial building; and (c) connect the store operated by the Defendant with the electric power by cancelling the corrective device for the key at around 09:00 on December 24, 2016, after the public announcement of the list of the delinquent management expenses, on December 24, 2016.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and F;
1. Urging and concluding the payment of delinquent management expenses, notice of fractional suspension, and notice of the result of a regular management committee for December;
1. On-site photographs;
1. Application of the Act and subordinate statutes to the outcomes of the CD reproduction and viewing by this Court;
1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The defendant's conduct does not constitute a crime because it is socially reasonable act or a legitimate act.
2. Considering the circumstances indicated in the record, such as the background of the instant case, the response of the Defendant, and the degree of physical fighting, the instant crime is socially reasonable, or goes against social rules.