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(영문) 서울남부지방법원 2013.07.11 2013고정980
업무방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a lessee of the Seo-gu Incheon Metropolitan City C building 503 and 504, and is a representative of the C building prosperity Association.

On March 26, 2012, the Defendant, despite the fact that a new manager was appointed through the “general meeting of the C Building Management Body” consisting of sectional owners of the above C building and the Defendant was decided to take charge of the management of the commercial building in the “C Building Management Body” of the victim, the Defendant obstructed the victim’s business by force by force, by failing to comply with the victim’s request for business transfer from March 27, 2012 to January 22, 2013, without complying with the victim’s request for business transfer.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Some of the suspect interrogation records of the defendant by the prosecution (including the substitute part);

1. Statement made by the police with D (including theF statement);

1. Application of Acts and subordinate statutes to a report on investigation (Presentation of Materials by a complainant);

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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