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(영문) 서울서부지방법원 2016.04.08 2015고정223
업무방해
Text

Defendant

A A Fines of 700,000 won, Defendant B of a fine of 700,000 won, Defendant C of a fine of 300,000 won, and Defendant D of a fine of 300,000 won.

Reasons

Punishment of the crime

Defendants are members of H Housing Redevelopment Association.

On July 5, 2014, at around 10:00, the Defendants opened the general assembly of the association, which was scheduled to be held in the exhibition of a church, from around 18:30 on July 5, 2014, by occupying the stairs, the entrances of which is the entrances entering the wedding in the church, located at the 19-Do, Seo-gu, Seoul, Seo-gu, Seo-gu, 19-12, and obstructing entry of other union members, and by cutting off the ballot boxes from the written resolution prepared in advance by the victim H Housing Development Association and preventing the distribution of the boxes.

As a result, the Defendants interfered with the victim's legitimate general meeting of association by force.

Summary of Evidence

1. Legal statement of a witness I;

1. The recording of each statement made by the witness J and I in the second public trial records;

1. On the day when the general meeting is held, video CDs (the defendants occupying stairs as stated in their reasoning and obstructing other members' access, and the fact that the ballot boxes are prevented from being distributed by deducting the ballot boxes from being distributed can be sufficiently recognized;

In addition, some members, including the Defendants, were involved in the forgery of part of the written resolution, or the fact that there was a possibility of post-legal disputes when the general meeting of this case was held cannot be deemed legitimate to block the holding of the general meeting by force as stated in its reasoning.

Application of Statutes

1. Article 314 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

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

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

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