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(영문) 서울중앙지방법원 2014.05.22 2013고정3446
업무방해
Text

Of the facts charged in the instant case, the primary facts charged are acquitted. Of the facts charged in the instant case, the ancillary facts charged.

Reasons

1. Facts charged;

A. The primary facts charged (Obstruction of Business) is the person who is the head of the management body of the Jung-gu Seoul Metropolitan Government C Commercial Building, D is the owner of the above commercial building, and C Commercial Building E, the management body of which the defendant belongs and D, are in civil and criminal disputes over the above commercial building management right. In the process, the victim E, upon the decision of the court, newly constructs a guard room and performs the above C commercial building management duties on its own through the above D.

On November 15, 2012, at the above C Market Guard Office around 16:30 on November 15, 2012, the Defendant: (a) instructed F, a security guard belonging to the management body, to notify F, who is an employee of the management body, to enter the guard room of the key number; (b) also entered and occupied the guard room at will; and (c) interfere with the management of the victim E’s business, including entry

B. Preliminary charges [Violation of the Punishment of Violences, etc. Act (joint violence]] Defendant is the head of the management body of the Jung-gu Seoul Central District Office, the victim D is the sectional owner of the above commercial building, the management body and the victim are in civil and criminal disputes. During that process, E newly constructs a guard room while performing the construction of the above building under the pretext of preservation activities, etc. by the court's decision, and the victim has been performing the management of the above C commercial price in the newly constructed guard room.

At around 16:30 on November 15, 2012, the defendant and four service personnel in name in the above C Prize were entered in the guard room, and the victim discovered it was demanded to go to the defendant, and the victim who discovered it was demanded to do so.

In this respect, the defendant and four service personnel in the name of the defendant jointly assaulted the victim.

2. As to the primary facts charged.

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