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(영문) 서울중앙지방법원 2016.05.18 2015고정4805
업무방해등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a member or victim of the Gangnam-gu C Housing Reconstruction Project Association and the head of the association D.

1. Around September 26, 2015, the Defendant: (a) knew on September 26, 2015, around 09:22, that a representative meeting for the selection of a construction project is in progress; (b) thereby exercising tangible power, the Defendant interfered with the victim’s work that prevents a representative meeting from being in progress by exercising physical force, such as placing the employees of the security company located on the first and second floor entrance.

2. Around September 26, 2015, the Defendant assaulted the victim, who was in a toilet, in the partnership office as set out in the foregoing paragraph (1), and in two hands, within the partnership office as set out in the foregoing paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of each field photographing CD, CCTV shooting, on-site photographing statute;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the selection of fines) concerning the facts constituting an offense, and Article 260 (1) of the Criminal Act (the point of violence and the selection of fines);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. As to the assertion of justifiable acts under Article 334(1) of the Criminal Procedure Act, the Defendant and the defense counsel asserts that the Defendant’s act constitutes a justifiable act as a result of a conflict during the process of preventing the victim’s unlawful convening and proceeding.

There is a legal defect that the progress of the Committee is legally defective.

In order to exclude this, it was difficult or considerably difficult to compensate for the damage caused by the violation of the legal interest of the defendant at the time of the use of physical tangible power to the employees of the security company, such as the facts stated in the facts of the crime in the judgment, without legal remedy procedures.

It is difficult to recognize the means and methods, and it is also difficult to regard them as reasonable.

Therefore, the above argument is not accepted.

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