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(영문) 대전지방법원 2016.04.07 2015고정886
업무방해등
Text

Defendant

A shall be punished by a fine of 500,000 won, and a fine of 300,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. The Defendants’ joint crime was committed by the Defendants, who reside in the Seo-gu Daejeon apartment, Seo-gu, Daejeon. From January 12:00 to December 2:20, 2015, to the above D Apartment Management Office, the Defendants conspired to interfere with the duties of the representative of the occupants’ association and the management office of the said apartment, by force, by preventing the persons in charge of the housing controlled entity who want to attend the on-site presentation for the selection of the said apartment controlled entity from entering the building of the management office on the ground that it was illegal.

2. Defendant A, in the underground of the building of the management office above the above paragraph (1), entered a place where an on-site presentation is to be held through the subsequent door, but Defendant A destroyed the lock locks of the entrance door door, which is the co-property of the residents of the above apartment building, by strong locking the door by hand, thereby damaging the locks of the entrance door, which is the co-property of the residents of the above apartment building, so that the repair cost would be KRW 30,000.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness E, F and G:

1. Written estimate;

1. Photographs of the damaged entrance and height door;

1. Application of the Act and subordinate statutes to the video of CDs [the file on January 8, 2015, the file on-site presentation of housing controlled entities, the on-site presentation of housing controlled entities (ctv) on January 9, 2015, 2 files on January 9, 2015]

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 314(1), 30(s) of the Criminal Act, and Article 366 of the Criminal Act (the point of obstructing duties, the choice of fines), and Article 366(the point of destroying property and the choice of fines) of the Criminal Act;

B. Defendant B: Articles 314(1) and 30 of the Criminal Act (Optional to a punishment)

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and 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: the chairman and the chief of the management office of the representative meeting of apartment occupants on the grounds of the sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as per the order in consideration of the fact that the Defendants do not want the punishment.

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