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(영문) 의정부지방법원 2017.09.14 2016고정1714
업무방해
Text

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

1. Defendant A is a person who intends to serve as the head of the E administrative accounting team in Gyeonggi-do and to be responsible for the operation of the above center, and Defendant B is a person who intends to operate the above center with Defendant A and the above center.

Defendant

A around December 7, 2015, the chairperson of the Emergency Countermeasures Committee who was dispatched from F, a superior agency to the above Center, to prevent the operation of the Center, was dismissed by the Steering Committee held by G of the victim.

Although the Defendants transferred administrative accounting data kept by themselves to the victim from December 7, 2015 to December 29, 2015, and did not participate in the operation of the above center, the Defendants did not transfer administrative accounting data to the victim and did not comply with the victim’s request for audit and inspection. As such, the Defendants conspired with the victim, the chairperson of the center’s emergency countermeasures committee, by force, interfered with the administrative audit and inspection for the normalization of the above center.

2. Determination

A. The summary of the Defendants’ assertion: (a) around December 4, 2015, Defendant A transferred administrative accounting data of E (hereinafter “the Center”) to the I Military Service; and (b) around December 7, 2015, H was appointed as a new warden; (c) there was no interference with the victim’s duties, the Chairperson of Emergency Countermeasures.

Defendant

B Not only is the custodian of administrative accounting data, but also there is no request for the transfer of administrative accounting data or for audit from the victim.

B. According to the evidence duly admitted and examined by this court, the following facts are acknowledged.

1) The instant center was an organization established on January 2, 2013 to improve the rights and interests of local persons with disabilities and to carry out activities for supporting persons with disabilities, etc., and entered into an operation contract with F, an incorporated association, F (hereinafter “F”) on December 2, 2014, and operated with subsidies from the I Military Administration.

2) On October 27, 2015, Defendant A was working as the team leader of the instant center, and to the J of the Center Director.

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