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(영문) 수원지방법원 2016.06.09 2016고정666
업무방해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 23, 2015, the Defendant: (a) around 20:00, the victim D, the chairman of the election management committee of the said apartment, attached on the bulletin board of the resident, voluntarily removed public questions as a result of the meeting of the election management committee of the said apartment, and interfered with the duties of the chairman of the election management committee of the victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made D in relation to the suspect interrogation protocol of the police against the defendant (second time, second time, and second time);

1. Statement made by the police against D;

1. Written statements of D;

1. Public announcement of the elected representatives by buildings of the 18th period, public announcement of meetings of the Election Management Committee, and public announcement of the election of the executives of the representative of the 18th occupant council (investigation records 10, 11, 12 pages);

1. Public notice on the front line of a bulletin board (58, 59 pages of investigation records);

1. Investigation report (C Apartment Management Rules);

1. Application of C Apartment Election Management Act and subordinate statutes;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

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

1. Determination as to the assertion of the defendant and his defense counsel under Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence (the facts of the defendant's crime are generally recognized, the facts of the crime are the first offender who has no record of the crime, and some of the circumstances may be taken into account in the motive and circumstances of the crime as examined below, and all other circumstances, such as the defendant's age, sexual conduct, environment, and circumstances before and after the crime, etc.

1. It is true that the defendant's summary of the argument is removed from the notice of the elected elected elected elected elected elected elected elected elected elected elected elected elected elected elected elected by the defendant, but it includes the substantive and procedural defective contents in the above notice, and it is inevitable to remove it as the apartment management complaint, and such act of the defendant does not constitute a justifiable act that does not go against the social rules.

2. Determination

(a) Article 14 (Prohibition of Interference with Business) of the Regulations on Management of Apartment Units C (Prohibition of Interference with Business) 1;

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