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(영문) 창원지방법원 진주지원 2017.07.14 2017고정136

업무방해

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the chairperson of the Federation of Merchants in G in the South-west Sea C, and the victim E is a person who operates a travel agency at the above terminal.

On June 18, 2016, the Defendant obstructed the electricity of the above ticket office as the operator of the ticket office with the above terminal merchant association did not pay electricity fees, and obstructed the operation of the victim's travel agent by force by blocking the electricity supplied by the victim to the above ticket office from 03:40 of the same month to 03:40 of the next day by linking the electricity supplied to the above ticket office to the above ticket office.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of statutes on site photographs;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Since the Defendant’s assertion E supplied electric wires installed in the travel agency office operated by himself at will by linking them to electric wires installed in the ticket office, the Defendant, as the president of the merchants’ federation, took measures to cut off the travel agency office in accordance with Article 5, 15, and 24 of the Management Rules, according to the resolution of the Steering Committee, as the president of the merchant federation, which constitutes a justifiable act.

2. Determination

A. Article 5(1) of the D's Management Rules provides that "no act detrimental to the preservation of a building, such as braille, shall be committed against the common interests of braille, etc. in connection with the management and use of a building." However, Article 24 of the above Management Rules provides that "D's federation may pass a resolution for the suspension of conduct, etc. in case of violation of the above provisions." In addition, the above Management Rules do not provide for the suspension of conduct as sanctions against violation of Article 5(1).

Therefore, the act of connecting E wires is above.