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(영문) 수원지방법원 성남지원 2015.01.16 2014고정1632
업무방해등
Text

Defendant

A shall be punished by a fine of 700,000 won, and a fine of 300,000 won, respectively, for Defendant B.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. At around 10:40 on March 11, 2014, the Defendants conspired to return the documents submitted by Defendant A to the D Apartment Management Office in a special election for D apartment representatives of D apartment units at Gwangju-si, Gwangju-si, to E, who is the manager of the management office, but the documents related to E did not have any documents related to E. However, the Defendants made false statements to the contrary, and interfere with the duties of D apartment management office by force of approximately 40 minutes of sound and sound.

2. Defendant A, while avoiding disturbance at the above date and at the above place, was aware of the fact that his/her abusive and voice were recorded in the recording machine of the management office, he/she damaged the said tape recorder at his/her own expense.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness E;

1. Each police suspect interrogation protocol against the Defendants (including E in the second protocol against Defendant A);

1. Statement to E by the police;

1. A report of E;

1. Documentary evidence photographs and recording records;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 314(1), 30(1), and 366 of the Criminal Act (the point of interference with business, the choice of fines), and Article 366 of the Criminal Act (the point of causing damage to property and the selection of fines)

B. Defendant B: Articles 314(1) and 30(Selection of Fine) of the Criminal Act

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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