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(영문) 수원지방법원 안산지원 2020.01.08 2019고정521
업무방해
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the chairperson of B apartment Dong representative, the victim C (the 64 years old, the 64 years old, the victim D(the 64 years old, the 72 years old, the 72 years old, the 72 years old, the 72 years old, the 20

At around 15:00 from April 2, 2019 to 16:00 from the same day, the Defendant deemed that “drawing residents will take the audit and inspection of apartment construction works” and obstructed the audit and inspection of the victims who are conducting audit and inspection in the Dong-gu B apartment management office in Ansan-si, Ansan-si.

The defendant continued to have audit data in the office, and was unable to bring a disturbance over about 10 minutes while pursuing the submission of data to the employees of the management office.

Accordingly, the defendant interfered with the victims' apartment construction work-related audit and audit support work.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, C, and E;

1. The police statement concerning F;

1. Determination on the assertion of the defendant and his/her defense counsel as a result of CD reproduction

1. The summary of the defendant and his defense counsel's assertion: ① the victim's audit and inspection support duty was performed without legitimate audit authority as an audit conducted without the resolution of the council of occupants' representatives; the process of resolution of the council of occupants' representatives itself is an audit; and the victim D who is not the auditor is an actual audit; thus, the above audit and inspection support duty cannot be deemed as a duty worthy of protection under the Criminal Act; ② in light of the contents and degree, etc. of the defendant's provision, it is difficult to view the defendant's act as an act by force of interference with business.

2. Determination

A. The term "business" subject to protection of the crime of interference with business under the Criminal Code as to whether the business constitutes a protected value business is an occupation or continued.

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