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(영문) 서울중앙지방법원 2015.04.06 2013고정3625
업무방해
Text

Defendants shall be punished by a fine of KRW 1,500,000.

In the event that the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A was working as the chairman of the F apartment “Emergency Countermeasure Committee”, and Defendant B is working as the chairman of the “Damage Countermeasure Committee”, Defendant C is working as the vice-chairman of the above “Damage Countermeasure Committee”, and Defendant D is working as the chairman of the occupant representative committee on his behalf.

A victim G reconstruction improvement project association (hereinafter referred to as "victim G reconstruction project association") obtained authorization on December 24, 2002, and around July 9, 2012, the re-construction project commenced from November 1, 2012 after obtaining approval from the head of Jongno-gu Seoul Metropolitan Government approval for the change of the management and disposal plan from the head of the Gu with respect to 7,90.80 square meters adjacent to the apartment site of the Defendants.

Meanwhile, the Defendants may cause serious danger to the safety of retaining walls of the F apartment that they reside in due to reconstruction works of the damaged association. As such, the Defendants organized the “Emergency Countermeasure Committee” with the chairman of the Defendant A as the chairperson of Jongno-gu Office and the briefing sessions at the Jongno-gu Office and the place of briefing sessions. On October 7, 2012, the Defendants succeeded to the said Emergency Countermeasure Committee by forming the “Damage Committee” with the chairman of the Defendant B as the chairperson of the said Committee and subsequently opposed to the reconstruction works of the damaged association.

On November 1, 2012, the reconstruction work site of the damaged association around November 1, 2012, the defect that is about to start the construction work using the digging machine, the defendant D had 20 residents of the above apartment through the apartment broadcasting, etc., the defendant B prevented them from moving to the inside of the construction site with their residents, and in the process, the non-resident was going up to the digging machine.

On November 2, 2012, Defendant A continued to prevent Defendant C from entering a vehicle that leads to the construction site with each apartment resident around November 6, 2012, Defendant C around November 6, 2012, and Defendant B around November 7, 2012.

In addition, in order to prevent the entry of the construction vehicle with the apartment residents, the Defendants installed a tent along the vehicle access route from November 3, 2012 to November 22, 2012.

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