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(영문) 서울동부지방법원 2014.02.05 2013고정2836

업무방해

Text

Defendants shall be punished by a fine of KRW 300,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendants are the members of the F reconstruction Association, and G are the employees of the service company employed by the above Defendants.

Defendants and G: (a) on February 4, 2013, at the general meeting, dismissed the victim H, who is the president of the above union, but the victim continued to use the union office; (b) on February 8, 2013, at around 11:40, the victim J, the head of the victim H and the office of the above union, sought to the above association office located in Gwangjin-gu Seoul Special Metropolitan City (Seoul), but the victim J, the head of the office, did not open the door; and (c) Defendant B and the Defendant D entered the office by opening the entrance to the rest of the Defendants and G; and (d) Defendant B and the Defendant D got the victims to take a bath by putting the victim'sJ to the effect that they were not members of the union; (d) Defendant B and the Defendant A instructed the victim to use the CCTV; and (e) Defendant D instructed the CCTV to use the CCTV; and (e) G to use the CCTV as a sort of CCTV.

As a result, Defendant C damaged the free will of 130,000 won at the market price, and the Defendants and G interfered with the victims' work regarding the management of partnership affairs by force in collusion with them.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of prosecutorial statement to J;

1. Protocol concerning the examination of suspect of G;

1. Statement of the police statement related H;

1. The K's statement;

1. On-site photographs;

1. Application of the Acts and subordinate statutes to the investigation report;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A, B, and D: Articles 314(1), 30(a), and 30(a) of the Criminal Act; the choice of each fine

B. Defendant C: Articles 314(1) and 30(a) of the Criminal Act; Article 366(a) of the Criminal Act; Article 366(a) of the Criminal Act; the choice of each fine

1. Defendant C from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: each of them.