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(영문) 의정부지방법원 2015.02.12 2014고정973

업무방해교사등

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a sectional owner of the E-building D in Namyang-si, who was operating a hospital in the E-building.

1. On November 20, 2013, at around 8:00 on November 20, 2013, the Defendant, along with A, destroyed the entrance to supply electricity to block electricity supplied to the Defendant’s hospital by M, a manager, from the building E in Nam-si, Namyang-si, the Defendant destroyed the entrance to supply electricity again to the Defendant’s hospital.

A tried to reject the rejection in order to use the entrance in order to compulsorily open the entrance, and the defendant laid off the entrance and locks in a way of continuously cutting the gap between the entrance and the wall by using the rejection and continuously cutting the gap.

Accordingly, the defendant damaged the electric room entrance and locks, which are owned by the joint owners of building E, to the extent that the city repair cost is not high.

2. On the date and time set forth in paragraph (1), the Defendant: (a) instructed the Defendant to prevent the Defendant from compulsorily opening the electric room entrance in question; and (b) the name tag employed as a private guard to prevent him from approaching Q and R from approaching the entrance; and (c) prevented the Defendant from spreading Q and R to the electric room entrance.

Accordingly, the defendant caused the above-mentioned in-name to interfere with the building management and security service of security guards by force.

Summary of Evidence

1. Legal statement of M;

1. Protocol concerning the suspect examination of the accused or A by the prosecution;

1. Statement of the police statement of M;

1. Each written statement of Q and R;

1. Application of the Acts and subordinate statutes governing the petition of complaint, estimates, and damaged photographs;

1. Articles 366, 314 (1), and 31 (1) of the Criminal Act applicable to the relevant criminal facts, and the selection of fines for each crime;

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

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;