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(영문) 의정부지방법원 고양지원 2014.11.28 2014고정961
업무방해
Text

Defendant

A A shall be punished by a fine of 500,000 won, by a fine of 700,000 won, and by a fine of 50,000 won.

Reasons

Punishment of the crime

The Defendants, along with E, F, and G, had the victim I, who is the representative of the “H apartment council of occupants’ representatives (hereinafter referred to as the “H apartment council of occupants’ representatives”)” in the 7th period of the said apartment complex, submitted to the council of occupants’ representatives which held in order to resolve ten representative officers and the case of re-contract for the entrusted management company, pursuant to Article 24 of the management rules of the said apartment complex to attend the meeting.

Article 14(1) of the above apartment management rules provides that "occupants, etc. shall not interfere with the duties of the election commission of the council of occupants' representatives and the management body," and Article 24(2) provides that "to speak, a spectator shall not speak: Provided, That this shall not apply where the Speaker permits the speech in connection with the deliberation of agenda items."

Nevertheless, the Defendants, from around 19:30 on September 24, 2013 to around 19:55, to the second floor of the above apartment management council, tried to notify the opening of the meeting and to vote for and against the above agenda, and Defendant C continued to call to the above executives of the council of occupants' representatives to “to vote for and against the order without going through the procedures such as the proposal of agenda, explanation of agenda items, etc.,” and to put the victim into confrontation with the victim, and Defendant B called “a meeting without the head of the management office is not a meeting,” while Defendant B puts the consignee on his hand, and E continued to call to the above executives of the council of occupants’ representatives, thereby preventing the progress of the meeting in a proper manner.

Accordingly, the defendant B, who is the victim's failure to attend a meeting, has a sound by putting the table two in a color file on the table, and the defendant A, who was sitting in the meeting and has a large interest in the meeting, was on the agenda of the meeting.

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