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(영문) 수원지방법원 안산지원 2021.01.07 2020고정516

업무방해등

Text

Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 5 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

[Based on the premise, C Co., Ltd. (hereinafter “C”) (hereinafter “C”) decided to construct a commercial facility of E Station in the E-Si Team in around 1999 and make a donation to the Korea Railroad Facility Corporation (hereinafter “KR”), a telegraphic body of the Korea Railroad Facility Corporation (hereinafter “KR”), and accordingly completed Fdong building around April 2003, and completed G Dong building around February 2006.

The Railroad Corporation is a five-story building located on the left side of the history of the F Dong building (hereinafter “instant building”), which is used as a neighboring commercial facilities, service facilities, and a passage for users of electric utility.

From May 9, 2005 to April 23, 2018, G building was set as the free use period from December 1, 2006 to March 1, 2032 and granted permission for free use of State property to C. However, C filed a civil and administrative litigation with the purport that it cannot be recognized as the period of donation collection and free use.

Supreme Court Decision 2018Du59892 Decided January 31, 2019 and Supreme Court Decision 2017Da29493 Decided March 29, 2018, etc. The Railroad Corporation established a management office in the building of this case and directly manages the building of this case from August 1, 2019.

On the other hand, after the above related litigation became final and conclusive, the Railroad Corporation had previously established a management office.

From June 2019, the “E History Merchants Association” was delegated by C with the management authority.

In this regard, the right to manage the building and parking lot of this case was claimed.

Defendant

A is a person who is in charge of the president of E history merchant from June 2019, and Defendant B is a person who is in charge of the president of E history merchant association from June 21, 2019, and the victim I is the representative of “H Mart” who enters the first floor below the instant building.

[Criminal facts]

1. Defendant B

A. On September 3, 2019, from around 09:00 to around 15:00 on the same day, the Defendant destroyed the instant building, which was located in Ansan-si members D, by removing locks installed by the Victim Railroad Corporation, from the locks installed therein.

B. The Defendant interfering with his duties is as above 1-A.