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(영문) 서울동부지방법원 2019.01.09 2018고정1136

업무방해

Text

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

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

Defendant

B is the vice-chairperson of the C market management body, and the defendant A was the director of the C market management body.

On April 16, 2018, the Defendants: (a) around 10:25, the third floor of the C market, and (b) when the victims D are engaged in the installation of CCTV to E employees, a security company, for the management of the building, and (c) the Defendants were carrying out the installation of CCTV to the said E employees for about one hour, the Defendants should not build a Kamera for the building of the building.” (b) and (c) “electrics are owned by the management body and used electricity without permission if they were used without permission, to the extent that they were aware of the Dozk,” and (d) raised the words and costs.

However, it is recognized that the victim D actually manages several commercial areas and several households from the time of new construction of the building until the time of the management office, and the victim did not have the right to use electricity at the request of the victim so that the CCTV installed at the request of the victim did not seem to be an issue. The above E employee who did not know the above situation and did not know it, caused the victim to suspend the work requested by the victim.

As a result, Defendants conspired to interfere with the victim's management of the building by force.

Summary of Evidence

1. Statement made to D by the police;

1. Guidance on the change of the use of electricity, guidance on the change of the use of electricity, and the current status of attempted management expenses in 2018;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 26,28);

1. Article 314 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;