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(영문) 서울서부지방법원 2014.02.19 2013고정557
업무방해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the representative of the management company D (ju) that manages the building A in Ansan-si.

On December 15, 2009, the Defendant obstructed the preparation of the opening of the hospital of the victim company by force by blocking the supply of electricity to the former owner on the ground that the former owner did not pay the management expenses while the victim E, a corporation, who acquired ownership by winning a successful bid at the auction procedure, for the operation of a convalescent hospital, acquired the ownership.

2. On August 14, 2009, the following circumstances, i.e., ① Company E (hereinafter “E”) purchased ownership on the part of the second and third floors of the building C in the compulsory auction procedure on August 14, 2009, and acquired ownership. At the time of acquisition of ownership, the part of the building of this case was in a short-term state due to default on management expenses, etc. ② The F paid a down payment to E to take over the part of the building of this case from E; ② around December 2009, the Defendant, the representative of the management company of the building of this case, agreed to be supplied electricity to the part of the building of this case temporarily during the bank room period, and paid KRW 2 million under the electricity usage fees; ③ the Defendant, upon the above agreement with FF, suspended the part of the building of this case during the actual inspection period, but did not appear to have any other evidence to acknowledge that the Defendant’s measures were not likely to interfere with the Defendant’s duties, separately from the evidence submitted by the prosecutor from around December 15, 2009.

3. According to the conclusion of the judgment, the facts charged in the instant case constitute a case where there is no proof of crime, and thus, acquitted pursuant to the latter part of Article 325

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