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(영문) 인천지방법원 부천지원 2018.02.28 2018고정47

업무방해등

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the resident of the apartment house C in Bupyeong-si, and the victim D(M, 39 years old) is the management complaint of the apartment house C.

1. On May 18, 2017, from around 20:00 to 20:30, the Defendant was holding a meeting under the presence of the damaged person at the conference room located on the third floor of the House Management Office of Bupyeong-si, Seocheon-si, Seoul, the head of the Dong-gu, Dong-gu, whose representative disregards the residents.

The Director of the Management Office Nabaki

“Along with the request of the injured party for the suspension of speaking, the injured party interfered with the proceedings of the victimized party’s meeting by force, such as continuing speaking.

2. On June 14, 2017, from around 20:00 to 20:40, the Defendant was holding a meeting under the presence of the injured party in the above conference room, and the victim’s “nat law” refers to the victim.

“Fastly,” the body of “Fast Habk,” the documents were teared, and the body of the victim’s face, thereby obstructing the proceedings of the victim’s meeting by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report internal investigation (Submission of evidentiary materials by a victim) and report on investigation (Hearing of statements by a victim);

1. Relevant Article 314 of the Criminal Act and Article 314 (1) of the Criminal Act and the selection of fines for the crime;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes and reflects his mistake in this Court.

There is no record of punishment prior to the instant case.

To avoid repeating the crime

The agreement was reached with the victim.

In addition, the punishment shall be determined by comprehensively taking into account the degree of interference with the affairs of the defendant, the age, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., and the conditions of the sentencing as shown in the records.

Rejection of Public Prosecution

1. Summary of this part of the facts charged

A. The Defendant’s rank around 17:45 on May 30, 2017.