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(영문) 부산지방법원 서부지원 2018.10.10 2018고정321
업무방해
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 28, 2017, the Defendant found in the office for managing the apartment in Busan, Seo-gu, Busan, on April 19, 2017, and brought an article to D, a member of the election management committee of the representative apartment occupants' meeting, and paid a fine of two million won.

The purpose of this article is to prevent the disturbance from entering the office and to prevent the witness E from entering the office, and thereby to interfere with the management of the victim C apartment occupants' representative election affairs by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

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

1. CCTV images (the Defendant was found in the instant apartment management office at the time of committing the instant crime, but did not exercise the power to the extent of interference with the business.

The argument is asserted.

However, the obstruction of business is not required to actually cause the result of the obstruction of business due to abstract dangerous crimes, but it is sufficient to cause the danger of causing the obstruction of business.

Therefore, according to the evidence duly adopted and examined by this court, such as CD images, the defendant's act was likely to cause interference with business.

Since we appear, we cannot accept the above argument of the defendant.

Application of Statutes

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

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

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

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