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(영문) 인천지방법원 2017.10.27 2017고정2318
업무방해등
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 is a person who served as the chairperson of the Incheon Southern-gu Committee for Management of Apartment C Apartment Housing.

On July 13, 2016, the Defendant was released from office as a member of the committee for the management of apartment buildings. In this regard, on July 13, 2013, the said apartment management committee posted a notice of recruitment of new members of the committee for the management of apartment buildings within each of the above apartment buildings, along with a notice of the Defendant’s promotion around July 13, 2013.

1. On July 20, 2017, the Defendant obstructed the recruitment of members of the Election Management Committee of the Election Management Committee by arbitrarily removing a notice of public recruitment of members of the said election management committee, stating the “five open recruitment number: five persons, and qualification for application: the actual resident registered as the resident of the resident of the occupant only:” etc., posted by the committee for the management of the said apartment within the 1st unit of elevator 2408 unit of the said C Apartment at a time, on July 2017.

2. The Defendant damaged property at the time, place, as described in paragraph 1, by removing at will one copy of a public notice on the victim’s ownership as stated in paragraph 1, and impairing its utility, thereby damaging property in the market.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Statement made by the prosecution with regard to D;

1. Application of the Acts and subordinate statutes to a investigative report (Attachment toCCTV images);

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the selection of fines for a crime;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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