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(영문) 대전지방법원 2020.11.26 2019고정984

업무방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the tenant of B apartment, and the victim C (manam and 57 years of age) is the head of the above apartment management office.

On January 2019, the Defendant asserted that C voluntarily raised the wages of security guards and cleaning division, and had a good appraisal against C.

On May 4, 2019, at around 11:15, the Defendant installed locks at the entrance of the building management office, and obstructed the entry of the management office by installing locks at the entrance of the building management office.

Accordingly, May 4, 2019

5.6. Private security guards were unable to perform the duty of operating water supply positions established within the management office, and around 09:00 on May 7, 2019, the accounting staff E (n, 33 years of age) working at the management office (n, 33 years of age) was unable to enter the entrance by not later than 10:20 on the ground that the entrance door was set off, thereby interfering with the duties of security guards and accounting personnel.

Summary of Evidence

1. Partial statement of the defendant;

1. The application of Acts and subordinate statutes to investigation reports (in addition to the written public notice, etc.), investigation reports (in addition toCCTV images and photographs), investigation reports (in addition to field photographs), investigation reports (in addition to the site photographs) on each legal statement in C and E;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The summary of the argument on the argument of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant did not interfere with the duties of the staff of the management office, because he installed locks at the entrance of the management office around May 4, 2019, May 4, 2019, a day before the management office begins, and opened an entrance at around 8:0 am on May 7, 2019, when the management office begins.

At the time, May 5, 2019, children's seals were Sundays, which was designated on May 6, 2019 as substitute holidays.

Judgment

A. The establishment of the crime of interference with business does not require the result of interference with business to actually occur, and there is a risk of causing interference with business.