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(영문) 서울남부지방법원 2017.02.02 2016고정2271
업무방해
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the head of the DNA apartment remodeling cooperative, and the victim E is the head of the above apartment management complaint.

On July 2016, according to the decision of the council of representatives of apartment occupants, the victim "the property right to know the fact should be protected."

It instructed the distribution of printed matter under “.....”

On July 11, 2016, at around 20:00, the Defendant was informed by the members of the association that he visited and distributes any of the above inducements that interfered with the remodeling promotion by the process of the resident representative council. On July 11, 2016, the Defendant immediately discovered the staff member of the above apartment management office, who delivered the printed matter to the 806 entrance before the entrance of the above apartment, and put the remainder into the 15th floor, while getting up the elevator with the 5-6 dra of the above apartment building and getting up the up to the 15th floor through stairs.

The Defendant, by setting up with F the printed matter brought by F and doing so, “I do so.”

"Grather grat frat frat frat frat frat frat frat frat frat frat frat

The term "the act of distributing its printed material" has been strongly interrupted.

Accordingly, the Defendant interfered with the management of apartment by the victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Ctv photographs outputs;

1. Investigation report (the photograph of the suspect vehicle) (The evidence revealed that the defendant exercised his/her power within the meaning of Article 314(1) of the Criminal Act; on the other hand, it is difficult to view that the defendant's act does not interfere with his/her business or constitutes a legitimate act solely on the ground that the victim's business exceeded the scope of duties under the law of the representative meeting of occupants, or the victim's business was included in the contents of slandering the remodeling association with the defendant).

Application of Statutes

1. Article 314 of the Criminal Act applicable to the crime and the choice of punishment.

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