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(영문) 의정부지방법원 2013.07.25 2012고정2488

업무방해등

Text

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

If the Defendants did not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A is the chairman of the election management of the D apartment in Yangju-si, and the defendant B is the vice president of the above apartment.

Defendants in collusion with each other from 17:00 on April 21, 2012 to the same year.

5. In the above apartment complex between around 09:00, the victim E, the head of the management office of the above apartment complex, was detached from the “D apartment (F) re-public notice of recruitment of candidates” under the name of the president of the D apartment council of occupants’ representatives, which was attached to the 17th council of occupants’ representatives, and attached the “public notice of recruitment of election management members for the election of the representatives of the 2nd buildings” under the name of the president of the council of occupants’ representatives, which was attached on the same bulletin board by the said victim.

As a result, the Defendants conspired and interfered with the effectiveness of the aforementioned “D apartment (F) re-public notice of recruitment of candidates for the victim,” and Chapter 17 “Public notice of recruitment of election management members for the election of the representatives of the second buildings”, and at the same time interfered with the autonomous management affairs such as the publication of the victim’s written public notice by force.

Summary of Evidence

1. Defendant B’s legal statement

1. Legal statement of witness E;

1. A written statement prepared B;

1. Photographs;

1. Investigation report (with respect to the public notice of recruitment), and application of Acts and subordinate statutes concerning the public notice of recruitment under this Chapter;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 314(1), 366, and 30 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Determination as to the assertion by the Defendant A and the defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The defendant A and his defense counsel asserted that the "Public Notice of Recruitment for the Candidate (F)" under the name of the chairman of the council of occupants' representatives and the "Public Notice of Recruitment for the Selection of the Representative for the Second Building" are non-legally effective documents, and thus cannot be the object of the crime of causing damage to documents.

2. According to the evidence mentioned earlier, “D apartment (F) re-tender recruitment notice” is the passbook at both weeks.