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(영문) 부산지방법원 2013.04.11 2012고정5479
업무방해
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the Ku-gu, Busan Metropolitan City C Apartment, and the victim D is the head of the management office of the above apartment.

On August 17, 2012, from around 08:50 to 10:00 on the same day, the Defendant interfered with the management of the above apartment by entering the entrance door by using the key owned by ordinary committee for the reason that the head of management office was not the head of the management office, and not opening the door door in order to prevent the entry of the apartment management staff and the occupants.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, the Defendant and the defense counsel asserted that the Defendant managed the key of the management office as the emergency countermeasures commissioner of the above apartment, and the case occurred because the newly appointed managing director D did not return the key of the management office to the Defendant, and that such act of the managing director is to exclude the management status of the apartment emergency countermeasures committee from the management status of the said committee, and that the business is not subject to protection of the crime of interference

However, “business” subject to protection in the crime of interference with business refers to a business or business that is engaged in occupation or continuously, which is worth protecting from infringement by other person’s unlawful act, and the contract, etc. which forms the basis of the business must be lawful.

D's apartment management business is subject to the protection of the crime of interference with business, so long as it has been appointed as the head of the management office under the above apartment emergency response committee, and the dispute is between the occupants of the apartment in the process of appointing the head of the management office.

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