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(영문) 인천지방법원 부천지원 2016.11.24 2016고정1232
업무방해
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant was a resident living in Kimpo-si apartment complex on the ground that the victim D, the chairperson of the council of occupants' representatives of the above apartment complex, had an opposing opinion on the ground that it would cause the increase of management expenses for the promotion of the project, such as the installation of an automatic door in the above apartment complex, the installation of CCTV, and the installation of LED lighting construction in the above apartment complex. On March 13, 2015, the Defendant was unable to avoid the disturbance by continuing to attend the meeting without the victim's consent by holding the meeting in the above council of occupants' representatives and attending the meeting of the council of occupants' representatives where the victim had discussed the above agenda together with his/her representative, and return to the meeting without the victim's permission.

Accordingly, the defendant interfered with the business of the victim's council meeting by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of D (list 2, 4, 5);

1. The chief executive officer (including the list 1, accompanying documents, and photographs);

1. Application of Acts and subordinate statutes to each investigation report (list 6,7);

1. Article 314 (1) of the Criminal Act and Article 314 of the same Act concerning the relevant criminal facts, the choice of punishment;

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

1. An order of provisional payment under Article 334(1) of the Criminal Procedure Act does not have any force on criminal punishment except for the confession and reflectivity of the reason for sentencing, the period prior to the lapse of thirty years, and one time prior to the punishment, and the motive for the crime does not have any aspects to be considered in the motive for the crime. The victim is subject to death and his judgment.

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