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(영문) 서울북부지방법원 2018.07.20 2017고정1665
업무방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is the actual chairperson of the Emergency Countermeasure Committee against the contents of the project promoted by the said association as a member of the “D Urban Environmental Improvement Project Association (the head of the association)” established to redevelopment the area of 5,700 square meters around the Seoul Southern-gu Seoul Metropolitan Government 91 parcel.

On November 27, 2016, at around 14:00, the association rented the third floor of G hotel H located in Gangnam-gu Seoul Metropolitan Government, and tried to re-contribute the 15:00 on the same day, the association requested the employees of the guard company to maintain order in the conference room at the I, a maintenance business entity that entered into a service contract with the association, and arranged approximately 20 persons to maintain order.

Accordingly, the Defendant, at around 15:00 on the same day, could not enter the meeting place if there are 20 employees of the above guard company, and the Defendant requested another guard company to dispatch 13 employees to the above meeting place, and led the Defendant to the above meeting place, and prevented the members of the above union from entering the meeting place by not later than 16:20 after blocking the corridor from entering the meeting place.

Accordingly, the defendant interfered with the special general meeting affairs of the association by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E andJ;

1. Each police statement made to E or K;

1. Data photographs showing the CDs of the special general meeting and the extraordinary general meeting on November 27, 2016;

1. Data on investigation reports (Attachment to suspect data), data on the arrangement of video images of the D extraordinary general meetings, and video CDs showing special general meetings on November 27, 2016;

1. Application of Acts and subordinate statutes, such as an investigation report (Attachment of related data), an application for permission to place general security guards at a collective petition site;

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

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

1. The Defendant’s determination on the assertion of justifiable acts under Article 334(1) of the Criminal Procedure Act, which was held on November 4, 2016, is biased by the head of an association at an extraordinary general meeting held on November 4, 2016.

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