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(영문) 수원지방법원 성남지원 2017.01.18 2016고정1065

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 was a representative of 104 Dong-dong G apartment units in Sungnam-gu, Sungnam-si, and the Defendant tried to revise the phrase “voting to decide whether to dismiss the representative of Dong-gu” on the ground that the members of the Committee for Management of G apartment units in the victim G apartment units (hereinafter referred to as “G election management committee”) may mislead the residents of the voting notice distributed to the head of Dong-gu, and to distort the phrase “voting to decide whether to dismiss the representative of Dong-gu” and to prevent H, a former representative of Dong-gu, from being dismissed at the G election committee, and to abandon the said voting notice amended the phrase.

Accordingly, around September 10, 2015, the Defendant instructed three female employees of the above apartment management office to discard a voting notice with the phrase modified as above at the above management office, thereby hindering the victim’s apartment management affairs by force by destroying the “voting notice” under the custody of the above management office.

Summary of Evidence

1. Each legal statement of the witness I, J, K, L, M and N;

1. The representative meeting of G apartment occupants;

1. Data on meetings of election management members;

1. Each voting notice;

1. Each meeting minutes of the Election Management Committee [the defendant and his/her defense counsel] asserts that there is no composition requirement as the members of the management office discard voting notice according to the direction of the head of the management office, not the defendant's instruction, and even if they meet the composition requirements, the illegality is excluded because the consent of the chairperson of the election management committee was obtained, and thus the consent of the chairperson of the election management committee is

However, according to the evidence of the judgment, the head of the management office and female employees of the management office are recognized to have discarded voting notices according to the request or instruction of the defendant who was the representative, and the consent of the chairperson of the election management or the committee for the election management cannot be recognized to have been obtained, and the revision of voting notices by the committee for the election management is illegal.