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(영문) 의정부지방법원 2016.07.07 2016고정248
업무방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is the chairman of the management division of the building building C in Yangju-si, and the victim D leased the 4th floor parking lot to the owner of the 2nd floor and the 4th floor parking lot in the above C commercial building as the representative director E company, for one year from August 9, 2014.

On December 19, 2014, from around 18:00 to around 21, 201, the Defendant: (a) had F, a manager of the business of managing commercial buildings, take the front, etc. in the said C parking lot; (b) prevented visitors from parking in the said mercs and slots; and (c) interfered with the victim’s parking management by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Application of image Acts and subordinate statutes, such as parking lot cattle;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion was at the time of the instant case, there was sufficient space for the 2 and 3th floor parking lots of the C building, and the 4th floor parking lots were no users, so that F would be allowed to confirm it, save electricity, and prevent unnecessary electricity charges, and in fact, mailbox visitors did not use the 4th floor parking lot, and there was no danger of interference with business at the time because there was no civil petition related thereto.

In addition, since the defendant was intended to perform his duties as the president of the commercial building management division, the defendant has no intention to recognize the risk of interference with the business or to interfere with the business.

2. In the establishment of a crime of interference with the determination of duties, it is sufficient that there is a risk of causing interference with the duties, and intention also has intention to interfere with the purpose of interference with the duties or planned business affairs.

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