Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of five hundred thousand won.

The above fines are imposed by the Defendants.

Punishment of the crime

Defendant

A is the chairperson of the management body of the building E, and the defendant B is the former manager of the management body of the building E.

The Defendants conspired, from around 08:00 on September 25, 2014 to 16:30 on the same day, in the electricity room of the fifth floor of the building underground of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, the Defendant obstructed the victim’s wedding business by force by blocking electricity supplied to G operated by the victim F on the seven to nine floors of the building on the ground that the victim F did not pay management expenses.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. Partial statement of the witness A;

1. Statement of each police statement concerning F;

1. Determination on the defendants and their defense counsel's assertion in the commercial lease agreement

1. The summary of the argument: (a) Defendant A and his defense counsel did not pay the management fee so that the victim took a short-term measure according to the contents of the agreement at the time of the lease agreement and the resolution of the representative meeting of the management body; (b) Defendant B and their defense counsel asserted that the short-term measure is not illegal because it constitutes a justifiable act; and (c) Defendant B and their defense counsel merely did an act according to the management body’s instructions as a staff member of the management body; and

2. Determination

A. First, we examine whether Defendant B acted in collusion with Defendant A.

In relation to co-offenders who are jointly engaged in a crime, the conspiracy does not require any legal penalty, but is only a combination of two or more persons to jointly process a crime and realize the crime. Although there was no process of the whole conspiracy, if the combination of doctors is made successively or implicitly through several persons, the conspiracy is established.

(See Supreme Court Decision 2006Do8929, Mar. 15, 2007). In light of the above legal doctrine, the health class and this Court legitimately adopted the instant case.