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(영문) 서울중앙지방법원 2014.09.18 2014고정1747

업무방해

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, as the president of the merchants' association in Jung-gu Seoul Metropolitan Government, has been engaged in clothes and miscellaneous sales in the first floor 31 above the commercial building;

From October 10 to October 18:00 on October 15, 2013, the Defendant: (a) at the clothing shop operated by the victim E of the instant “D” shopping mall from October 10, 2013 to October 18:0, on the ground that the victim violated the rules of the merchants association from time to time due to the abuse of business hours, leaving out without permission, absence without permission, or assault between the members; (b) on the ground that the victim completed the business and left the store, the phrase “inorganic business suspension” was attached to the entrance of the store; (c) the Defendant interfered with the management of the victim’s clothing shop by force, such as the removal of the packages covered by the store; and (d) the suspension of business operation by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the police interrogation of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the rules of the D Building Operation Committee, such as a tent, each photograph, a copy of certification of contents, a official document of the D Building Operation Committee, a written public notice of the reason for withdrawal, and a written public

1. Relevant Article 314 (1) of the Criminal Act concerning facts constituting an offense and Article 314 (1) of the Selection of Punishment;

1. Determination as to the Defendant and the defense counsel’s assertion under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse

1. The summary of the argument E is a member of the merchants' meeting who is obligated to comply with the rules of the Association. As such, a fine shall be imposed due to dismissal, unauthorized removal, absence from work without permission, etc., and the cumulative fine is not paid even if the accumulated fine is at least 1.64 million won.

Therefore, since a disposition of business suspension that is lawfully indefinite pursuant to Article 23 (1) of the Regulations is taken, it is a legitimate act that is allowed under the social norms.

2. According to Article 23(1) of the listed rules, if a member fails to pay a fine, such as expenses for dismissal, on at least three occasions, or refuses to pay a fine, the member may engage in an indefinite business suspension.

A merchants' association shall make common interests among its members.