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(영문) 서울북부지방법원 2019.07.17 2019고정332
업무방해
Text

Defendant

A shall be punished by a fine of 50,000 won, and a fine of 300,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the director of the management office of aggregate buildings D in Seoul and the head of the facility team of the above D building.

1. The Defendants conspired, around May 25, 2018, around 11:00, Defendant A instructed the victim F to block electricity supplied under subparagraph E on the ground that the victim F would operate an online shopping mall in the trade name of G Co., Ltd., but did not pay management expenses. Defendant B obstructed the operation of the above victim’s office by blocking the supply of electricity in accordance with the above instruction.

2. At around 11:00 on May 25, 2018, Defendant A conspired with the Defendants and instructed Defendant B to block the supply of electricity to H on the ground that the victim I would operate a new sales company under the name of J but did not pay management expenses. Defendant B obstructed the operation of the said victim’s office by blocking the supply of electricity in accordance with the said direction.

Summary of Evidence

1. Defendants’ respective legal statements

1. Entry of the defendant in part, I, and K in the suspect examination protocol of the defendant A by the prosecution;

1. The suspect interrogation protocol of Defendant B concerning the police officer

1. Each police statement made to F and I;

1. Each complaint;

1. The rules of the autonomous management committee, a written consent to a short-term lease, a short-term lease contract, a trust management contract, a claim for rent, a copy of each payment receipt, a notice of management expenses, each certificate, each electronic tax invoice, each business registration certificate, a copy of each business registration certificate, and the application of Acts

1. Article 314 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant A: Judgment on the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendants’ assertion is delegated with the entrusted management by the manager of the D building.

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