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(영문) 춘천지방법원 2018.10.16 2018고단419

업무방해등

Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

The Defendant is an employee in charge of contracts belonging to “B”, who is an apartment complex management entity, and was working as the head of the management office in C apartment from January 22, 2016 to January 21, 2018.

1. On January 22, 2018, at the above apartment management office located in Chuncheon City, 09:00, the Defendant refused to leave and interfere with his/her duties, the management contract was terminated by the victim F, who is an employee of the “E (State)” being newly responsible for the management of the said apartment. Thus, even upon request from the management office, the Defendant refused to leave until the police officer dispatched to the office after receiving a report from 10:00 on the same day, thereby refusing to leave the office for about one hour and obstructing the operation of the said apartment management office of the damaged person by force.

2. On January 23, 2018, the Defendant invadedd a structure: (a) around 08:30, the victim F management office, a staff member of the victim F, was in front of the said apartment management office; (b) the Defendant accumulated a password already known and intruded into the structure.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Application of the F and G Acts and subordinate statutes;

1. Relevant statutory provisions for criminal facts, Articles 314(1) and 319(2) (a) and 319(2) (a) (a) of the Criminal Act on the selection of punishment for criminal facts; (b) the selection of fines (a) the selection of fines (a violation of the defendant's wrong acts; (c) violence in the course of obstruction of duties is not exercised; (d) the defendant has no same record as he/she was punished once by a fine for a non-identical crime around 2003; (c) the defendant is able to continue to perform his/her duties; and (d) the fact that he/she is erroneous that he/she could have been able to perform his/her duties in the position of the Director of the Management Office; (d) the defendant's age, environment, means and

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (joint crimes of interference with business and refusing to withdraw);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.