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(영문) 서울중앙지방법원 2017.02.09 2016고정3785

업무방해등

Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a member of C, which is the victim’s corporate body, and the Defendant is the person who asserted the defect in the procedure of election of the D president elected at the general meeting of the above victim corporate body on February 24, 2016, and asserts that he/she is in the position of the chief executive officer of the said corporate body.

The Defendant is difficult to conclude that the Seoul Central District Court 2016 Ma20552, which filed a motion against D against D, had been legally elected at the meeting of the creditors (D) on February 24, 2016 only with the materials submitted on the record, in the text of the decision on the disposition.

The phrase "" was reported, and the victim corporation received mind that it exclusively occupies the Seocho-gu Seoul Metropolitan Government E building managed by the victim corporation.

around 11:00 on April 1, 2016, the Defendant entered the Seocho-gu Seoul Metropolitan Government E building, which is managed by the victim corporation, for the said purpose, and then changed the correction device of the entrance door to the above building to the structure managed by the victim corporation by exclusively occupying the above building until April 21, 2016, and invaded the building by force during the same period.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements concerning F in the police interrogation protocol;

1. Statement made by the prosecution with regard to G;

1. Application of Reference Materials (Evidence 20) Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 314(1) of the Criminal Act (the point of interference with business), and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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