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(영문) 서울남부지방법원 2015.08.18 2015고정900

업무방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 2010, the Defendant acquired the right to sell commercial buildings in Seodaemun-gu Seoul Metropolitan Government, and the term of office C, the head of the above commercial building management body, expired as of November 20, 2013, appointed the head of the above commercial building management body. When D supported by the Defendant was appointed as a quorum, the Defendant formed the “Emergency Countermeasure Committee” with six owners of the above commercial buildings.

1. On December 2013, the Defendant: (a) at the office of the managing body on the nineth floor of the above shopping mall; (b) while the victim C was in charge of the managing body’s duties as the head of the above managing body, the Defendant: (c) was dissatisfied with the foregoing that D was not appointed as the head of the managing body; (d) obstructed the entrance of the managing body with the members of the above Emergency Countermeasure Committee; and (e) obstructed the entrance of the managing body’s office as a wooden board; and

Accordingly, the Defendant interfered with the victim's commercial building management by force.

2. Around 14:00 on May 11, 2014, the Defendant publicly insulting the victim by openly insulting the victim, on the ground that the victim E, an attorney-at-law appointed by the court as the head of the management authority, was not present at the general meeting of the management body, on the ground that the employees of the said shopping district buyers and the management body office did not attend the meeting at the time.

3. Around July 1, 2014, the Defendant: (a) responded to the fact that the victim E works as an acting head of the management group; and (b) made intimidation on the victim’s mobile phone by providing the victim’s voice message “I am kn't know that the victim is living in kn't, kn't, kn't, kn't, kn't, kn't, kn't, kn't, kn't, kn't, kn't, kn't, kn't, kn't, kn't, kn't.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E. 1.