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(영문) 수원지방법원 2017.08.10 2017고정279

업무방해

Text

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

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

Reasons

Punishment of the crime

The Defendant is the resident of Suwon-si Seoul apartment in Suwon-si, and the victim D was in charge of an audit position of the resident representative meeting from June 1, 2013 to May 31, 2015 in the same apartment house. The Defendant is a person who is in charge of an audit position of the resident representative meeting from June 1, 2015 to May 31, 2017.

1. On July 20, 2015, the Defendant, at around 19:30 on July 20, 2015, entered the meeting room while under the influence of alcohol and enter the meeting room to determine agenda items to be presented at a regular meeting held on July 24, 2015, including 12 persons, including the victim and 8 representative, and 3 employees of the management office, at the meeting room of the above C apartment occupants representative meeting.

“Ching the Si expenses,” and speaking, the victim, the representative, and the employees of the management center, took a bath for about 10 minutes, etc.

2. On May 10, 2016, the Defendant, at around 10:30 on May 10, 2016, 10: (a) took a meeting with the victim and the electrical director, the head of the management center, and the head of the management team, to the meeting on the lawsuit related to the repair of defects in apartment 10 years; (b) taken the meeting at the meeting room of the Do Council, where the victim and the electrical director, the head of the management team, and the head of the management team were gathered, and expressed the desire to “Isk for the termination of the recycling business contract” for about 10 minutes.

Accordingly, the Defendant interfered with the business of the victim's representative meeting by force over a total of twice.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. E-certification;

1. Application of Acts and subordinate statutes to record the content of telephone recording of a witness E;

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