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(영문) 전주지방법원 군산지원 2017.10.20 2017고정249

업무방해

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the head of the C apartment management office.

On December 17, 2016, from around 11:00 to around 09:30 on the same month, the Defendant ordered the management office employees E and security guards to immediately remove the official seal of the head of the management office posted on the apartment bulletin board, on the ground that the election management committee, such as victim D, cannot recognize the elected person by unfairly holding the representative election of the apartment occupants at the Gunsan-si apartment bulletin board.

Accordingly, the defendant, by force, removed the notice of elected persons posted on 24 bulletin boards over about 20 times, thereby hindering the management of election such as D of the Election Management Committee.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police with respect to D, F and G;

1. Public notice and copy of management agreement [the "business" subject to the protection of interference with business under the Criminal Act refers to a business or business that is engaged in occupation or continuously and is worth protecting from harm caused by an unlawful act of another person.

Defendant

Even if there is an error in the election procedure for the representative chairperson of an apartment, the act of arbitrarily removing public notices attached by the election management committee consisting of apartment occupants shall interfere with the election management affairs, and even if there is concern that objects of the result of the election will be subject to an objection from the occupants, it shall not be deemed that there is no intention to interfere with the defendant's business (in any way, the tenant who claims the illegality of the election procedure to be notified or objects to the result of the election may raise an objection against it).

1. Article 314 (1) of the Criminal Act and Article 314 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so ordered as per Disposition for the reason of Article 334(1) or more of the Criminal Procedure Act.