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(영문) 수원지방법원 안양지원 2013.12.30 2013고단598
업무방해등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the Defendant is acquitted.

Reasons

Punishment of the crime

At around 21:40 on January 11, 2013, the Defendant injured the victim’s reputation by openly pointing out false facts by openly pointing out false facts to the victim’s reputation at the meeting room of the D Apartment Management Office of the Si, Mapo-si, Mapo-si, Mapo-si, notwithstanding the fact that the victim E received KRW 50 million from the security service company.

Summary of Evidence

1. Application of the respective legal statements of witness E and F to the Acts and subordinate statutes;

1. Relevant Article 307 (2) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the period by which 50,000 won is converted into one day);

1. The portion not guilty under Article 59(1) of the Criminal Act (i.e., taking account of circumstances and having no criminal record against the Defendant) of the suspended sentence

1. On December 27, 2012, the Defendant: (a) around 19:20 on December 27, 2012, at the meeting room of the 2nd apartment management office of the Dopo-si, Mapo-si; (b) the said council of occupants’ representatives refers to the invalidity of the said council of occupants’ representatives, given that there is insufficient quorum for the opening of the council of occupants’ representatives to proceed with E, which is the chairperson of the said apartment; and (c) the said council of occupants’ representatives makes twice light locations in the said meeting room, and selects the sn beam project code once, thereby obstructing the progress

2. The term "definite force, which is part of the constituent elements of the crime of interference with business under Article 314 of the Criminal Act," means a force sufficient to suppress the victim's free will in light of the offender's status, number of persons, surrounding circumstances, etc., although the victim's free will is not practically required to control.

(See Supreme Court Decision 9Do495 delivered on May 28, 1999, etc.). In light of each evidence examined by this court through lawful procedures, the Defendant at the time of the instant meeting.

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