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(영문) 서울남부지방법원 2018.04.12 2017고정1271
업무방해
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a person who is in charge of the Dong representative of Gangseo-gu Seoul Metropolitan Government B apartment.

At around 09:30 on December 17, 2016, the Defendant: (a) discovered that the victim C, the head of the above apartment management office, had kept the “contest signature book” installed to hear the opinions of the apartment residents in relation to the amendment (Enactment) of the apartment management rules; (b) ordered the security guards working in the guard office to recover and bring about the “contest signature book” at the front place of the expense; (c) collected the “contest signature book” located at the front place of the expense; and (d) given that some of the security guards could not recover it without the consent of the victim, they reported to the victim; and (d) voluntarily recovered the “contest signature book” located at the front place of the rest of the expense at the front place of the expense.

Accordingly, the defendant interfered with the victim's apartment management business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement of the witness C and E in the fourth public trial protocol;

1. A written complaint and a written confirmation;

1. Answers related to delegation by the managing body of the affairs related to consultation on the appointment of the president and B lessees;

1. Minutes of each such representative meeting (i.e., the person on November 3, 2016, and Nov. 24, 2016), public announcements, and notices and photographs posted in the public announcements;

1. Guidance on the amendment to the management rules, and notification of the amendment to the standards management rules for rental-only multi-family housing;

1. Application of Acts and subordinate statutes to a report on investigation (receiving a copy of the signature of the supporting and reflect), to the amendment (Enactment) of the management rules, and to the amendment of the Acts and subordinate statutes signed;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant and his defense counsel did not reach the degree of “power” of obstruction of duties under the Criminal Act.

The argument is asserted.

However, it does not interfere with the business.

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