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(영문) 서울동부지방법원 2018.09.11 2018고정423
업무방해
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is the Dong representative of Songpa-gu Seoul apartment house, the defendant B and the defendant C are each residents, and the victim E is the representative of the above apartment house occupant.

Defendant

A around April 17, 2017, around 11:20, entered the office of the representative meeting of the occupant management office of the first floor above D apartment on the ground of D apartment, and the victim raised complaints to dispatch the official document without the consent of the resident representative meeting, and the victim who was in the meeting with the executive and the executive and the meeting of the resident representative meeting was suspended.

At around 12:10 on the same day, the Defendants continued to look at the management office of the above D apartment and to indicate the victim's resistance against the head of the management office of the above D apartment, with the victim's book inside the office of the representative council of the occupants and to prevent the victim from performing the duties of the representative council of occupants.

At around 12:15 on the same day, the Defendants entered the office of executive officers of the above D apartment management office, “I do not have the president from the present time,” and even though the executives at the above office were avoided, Defendant C was pushed back by the victim’s computer depositors on the victim’s book, Defendant A and B used the victim’s book outside of the office of executive officers, and moved the victim’s book to the inside of the competition through the present office of the management office. Defendant C took photographs of the victim’s book by using their smartphones.

As a result, the Defendants conspired with each other to obstruct the operation of the victim's representative meeting by force.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Each legal statement of witness E and F;

1. G hosting photographs to which 600 persons are enrolled;

1. Application of Acts and subordinate statutes to report on investigation (to hear the F statements of wooden shots);

1. Relevant Articles 314(1) and 314(1)30 of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts

1. Defendants to be suspended from sentence: Fines of 700,000 won; and

1. Attraction of a workhouse;

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