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(영문) 대구지방법원 2015.06.12 2015고정481
업무방해등
Text

Defendant shall be punished by a fine of KRW 700,000.

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 resident of Daegu Dong-gu apartment house C.

1. On July 26, 2014, the Defendant removed two copies of the public notice on the ground that there are phrases referring to the table of the table of the council of occupants belonging to the principal under the name of the representative of occupants, “the position of the representative of the council of occupants on the public notice of the result of an emergency meeting of the election commission” attached in the above apartment elevator 321 unit, and at the same time, destroyed the public notice form owned by the council of occupants’ representatives and interfered with the victim’

2. On July 28, 2014, the Defendant removed two copies of the public notice on the ground that the notice contains a phrase referring to the table of the table meeting to which he/she belongs in the name of the tenant representative council under the title of "the representative meeting of the result of an emergency meeting of the election commission" attached to the above apartment 321 elevator, and at the same time, damages the public notice board owned by the victim and interferes with the victim's duties by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Public announcement in the name of the representative of occupants;

1. Application of Acts and subordinate statutes such as confirmation of facts;

1. Article 366 of the Criminal Code for the relevant criminal facts (the point of causing property damage) and Article 314 (1) (the point of interference with business) of the Criminal Code for each of the criminal facts (the "crime of causing property damage" includes not only making it difficult to use the article for its original purpose, but also temporarily making it impossible to use it. Thus, the act of removing a notice as stated in the judgment of the defendant constitutes the crime of causing property damage)

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (only between the crime of causing property damage under paragraph (1) and the crime of interference with business under paragraph (2) and the crime of causing property damage under paragraph (2) and the crime of interference with business);

1. Selection of each alternative fine for punishment;

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

1. Articles 70(1) and 69(2) of the Criminal Act for the detention of a workhouse;

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