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(영문) 수원지방법원 성남지원 2015.08.28 2015고정158

업무방해

Text

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

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

A is the president of G apartment tenant representative, the general director of the above council of occupants' representatives, the defendant C is the above council of occupants' representatives, the technical director of the above council of occupants' representatives, the defendant D is the above apartment 113 representatives

A victim H was the chairperson of the above apartment election commission, and around November 19, 2014, the voting was in progress on the election for dismissal of Defendant A, the president of the tenant representative council.

On November 19, 2014, the Defendants conspired to interfere with the above voting business, and obstructed the victim's election management business by force by collecting ballot boxes, pollbooks, and ballot papers from the Jung-gu G Apartment-dong guard room in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si without authority, and dumping them into Defendant C's rocketing soil vehicles.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness H, I, J, and K;

1. Application of Acts and subordinate statutes to establish a crimeCCTV;

1. Relevant Articles 314(1) and 314(1) and 30 of the Criminal Act and the Defendants’ choice of punishment on criminal facts

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Judgment on the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act

1. The duty of managing a victim’s alleged election is not an illegal task that is not a protected value under the Criminal Act, or the Defendants’ act constitutes a legitimate act or a self-rescue due to an inevitable measure to prevent illegal voting.

2. Determination

A. The term "business" subject to protection of the crime of interference with business under the Criminal Act refers to a business or business that is engaged in or continuously, which is worth protecting from infringement by another person's unlawful act, and the contract or administrative act, etc. which is the basis of the business, is not necessarily lawful. However, it is so far as a certain business or activity itself is so serious that it can not be accepted in social life as much as illegal.