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(영문) 수원지방법원 2017.10.26 2017고정788

업무방해

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is in office as the Dong representative and auditor of the representative council of occupants of the apartment house in Suwon-si, Suwon-si.

On June 20, 2016, between 20:00 to 23:20, the Defendant: (a) at the second floor conference room of the above apartment management office, the victim D, the chairperson of the tenant representative conference, was taking part in the regular meeting; and (b) obstructed the progress of the process of the victim representative conference by force in two times by using hand microphones.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. In light of the fact that a recording file CD or a recording book (a meeting progress appearing on June 20, 2016 in a recording file, etc., the Defendant: (a) caused a disturbance during the normal course of a meeting; and (b) used a loudspeaker with intent to interfere with D’s progress; and (c) caused a loud and siren by using a loudspeaker.

It is only seen as an intention to call the disturbance of the meeting place, and it does not appear as an intention to call the disturbance of the meeting place.

Application of Statutes

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of punishment: Selection of a fine;

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;