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(영문) 인천지방법원 2018.07.19 2018고정219
업무방해등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a director of the reconstruction and maintenance project association for apartment zone B apartment zone B (hereinafter referred to as the “association of this case”) established for the reconstruction of apartment zone B, Bupyeong-gu, Incheon, and the victim C is the head of the association of this case.

1. The Defendant’s defamation was ordered to D around May 27, 2017, and was disclosed to the outside, the victim C did not leak the list of the members of the instant association to the nine Dong doors of Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

3. The leakage of information on union members and C head of the partnership have leaked the list of union members (personal information of union members) to outside (E) through the maintenance company;

5. Affixing an incentive with the content of “the president of a sluri association”, thereby impairing the honor of the victim by openly pointing out false facts.

2. On June 8, 2017, at around 13:30, the Defendant damaged property and infringed upon a house, before the office of the instant association leased by the victim C, which was located in Bupyeong-gu Incheon Metropolitan City F Building G, the Defendant forced the victim C to open the entrance door locks equivalent to KRW 50,000 at the market price managed by the victim C, and entered the said office. 3. The Defendant interfered with the business affairs by opening the office locks of the instant association, which was managed by the victim C at the place, and replacing them with a new locks by opening the office locks of the instant association, which was managed by the victim C, and by preventing the victim from entering the said office.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police with regard to C;

1. Application of the grounds for dismissal of the head of an association, report on investigation (fax place), each photograph (Evidence No. 98, 109-110, 138, 152-154, 251 of the evidence record), meeting data of extraordinary general meeting (Evidence No. 177-194 of the evidence record), and written estimate for the dismissal of the head of an association;

1. Article 307 of the Criminal Act applicable to the crime and the choice of punishment.

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