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(영문) 서울중앙지방법원 2013.05.31 2013고정1032

업무방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the head of Seocho-gu Seoul apartment.

1. On July 13, 2012, the Defendant passed a resolution to change the method of management in the existing autonomous management system by the council of occupants' representatives of C Apartments, and accordingly, the same year.

8.3.The same year in which the development of Seodaemun-gu Co., Ltd. was selected as an entrusted management company of the above apartment by means of a public tender;

8.6.Graeb, the same year

8. On February 23, 200, the Defendant sought access to the above apartment management office to take over duties, but the Defendant exercised a power to correct the entrance door of the management office with locks so that the said book development is prohibited from entering the management office, thereby interfering with the duties of the council of occupants’ representatives of the apartment.

2. The victim D, the representative of the occupants of the above apartment, posted a notice of the bidding announcement of the above apartment management company's bidding on the website of the multi-family housing management information system operated and managed by the Ministry of Construction and Transportation to proceed with the selection of the entrusted management company, but the defendant deleted a notice of the bidding announcement of the entrusted management company's bidding on August 11, 2012 and posted a notice of the cancellation of the selection of the entrusted management company's bidding, thereby hindering the affairs of the council of occupants' representatives of the apartment complex.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the first police suspect interrogation protocol against the defendant in part;

1. Application of the Acts and subordinate statutes in which statements are entered in the first and second statements about D;

1. Relevant Article 314 (1) of the Criminal Act concerning facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;