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(영문) 서울동부지방법원 2017.01.24 2016고정1624
업무방해
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendants are representatives belonging to the E Apartment Housing Reconstruction Improvement Project Association.

Defendants jointly and severally, around 10:08 on January 3, 2016, at the E apartment management broadcasting unit located in the Gangdong-gu Seoul Metropolitan Government F, obtained a high-level share system for reconstruction and found the reappointment of the president of the reconstruction association, and in conflict with the Defendants.

G (Y, 53 years old) as a member of the E Apartment Reconstruction Union, in relation to this reconstruction, (i) as well as the current Department of Execution of the Association, by notifying the problems of holding an extraordinary general meeting for reappointment of the president of the Association, and (ii) intending to interfere with the foregoing G by entering the broadcasting room for the purpose of obstructing it, and (iii) Defendant A and C shall not broadcast “h,” “h,” and (iv) broadcast “h,” and “h,” a broadcast by force, with the aim of preventing the broadcast of the said G from being carried out.” The work of the E Apartment Reconstruction Union was interfered with by force.

Summary of Evidence

1. Each legal statement of the witness H, G, and I;

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Each police statement made to H, G, and I;

1. Application of the Acts and subordinate statutes to the following camera photographs, such as a written accusation, written confirmation of facts, broadcast text, broadcasting facility use regulations, recording records, investigation reports, and membership fees;

1. Relevant legal provisions concerning criminal facts and the Defendants’ choice of punishment: Articles 314(1) and 30 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: Determination on the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendants’ assertion G did not comply with the broadcast regulations, and the content thereof was merely a unilateral assertion for the benefit of the E Apartment Reconstruction Union, and thus cannot be deemed as constituting a business worthy of protection under the Criminal Act. The Defendants’ act constitutes a legitimate act under Article 20 of the Criminal Act, which is a passive resistance to block the unfair acts of the E Apartment Reconstruction Union.

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