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(영문) 수원지방법원 2016.05.12 2015고정3091
업무방해등
Text

The sentence of punishment against the Defendants shall be suspended.

Of the facts charged in the instant case, the insult against Defendant A.

Reasons

Punishment of the crime

Defendant

A is the Dong representative of Suwon-si E apartment complex 106, the defendant B is the Dong representative of the same apartment complex of 103 Dong, and the defendant C is the Dong representative of the same apartment complex of 108 Dong.

The Defendants jointly asserted that from around 08:10 on July 7, 2015 to around 09:20 on the same day, the victim F, the manager of the management office of Ampt, cannot enter the management office due to the lack of qualifications for the manager. Defendant A and B interfered with the victim’s apartment management affairs for about 70 minutes, including Defendant C, by leaving the entrance door of the management office of Ampt in the inside, prevented the victim from attending the office, and subsequently obstructing the victim’s attendance at the office.

Summary of Evidence

[Defendant A]

1. The respective legal statements of the defendant A and B;

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. A copy of each letter of confirmation G and H (a list 2, 3);

1. On-site photographs (Defendant C)

1. The defendant C's partial statement

1. Legal statement of witness F;

1. Some statements made against the defendant during the police interrogation protocol;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police with regard to F;

1. A copy of each letter of confirmation G and H (a list 2, 3);

1. Application of statutes on site photographs;

1. The Defendants: Articles 314 (1) and 30 of the Criminal Act; and Articles 314 (Selection of Penalty) of the said Act;

1. Defendants to be suspended from sentence: Fine of 300,000 won; and

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. Defendants of suspended sentence: Article 59(1) of the Criminal Act (Defendant A has no record of criminal punishment for not less than the last ten years; Defendant B and C are the primary offenders; the victim expressed his intention of not to punish the Defendants; and the resolution of the director of the management office on June 17, 2015 at the meeting of the representatives of apartment occupants to dismiss the victims is without confirmation of the relevant statutes.

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