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(영문) 서울북부지방법원 2018.02.08 2017고정691

업무방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 24, 2016, the Defendant was elected as the president of the Council for Representatives of Residents of B Apartments in Dobong-gu Seoul Metropolitan Government, and around July 8, 2016, the above apartment management office opened door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door so that the victim C, etc. of the above apartment door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door opened to interfere with the duties of the elderly door door door door door door door door door door door

As a threat, it has interfered with the management of the common area of the apartment management center.

Summary of Evidence

1. Each legal statement of witness D and E;

1. C’s statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 314 of the Criminal Act and Article 314 (1) of the same Act and the selection of fines for criminal facts;

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

1. Article 186(1) of the Criminal Procedure Act bearing Court Costs [The defendant and his defense counsel asserted that the act of locked the entrance door of the senior citizens is a lawful act for which the resolutions of the council representing the occupants have been implemented, but it is insufficient to recognize the fact that the defendant was granted the authority to close the senior citizens' meeting, which is a common area, to the defendant on June 24, 2016, only on the ground of the minutes [the minutes of the meeting of the senior citizens (individual, C) and the meeting of the senior citizens (related to the operation of the senior citizens' council) submitted by the defendant on June 24, 2016 and the request for withdrawal of the certificate of completion of registration and report to the chairperson of the apartment association C, etc. The defendant and his defense counsel does not constitute a threat

However, the defendant is in the position of the chairperson of the tenant representative meeting who has the authority to conclude the contract with the controlled entity appointed by the head of the management office, etc.