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(영문) 인천지방법원 2016.06.24 2015고정3099
상해등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the chairperson of the representative council of occupants of the Nam-gu Incheon Metropolitan City D Apartment, and the victim E (33 years,00) is a person who is engaged in the affairs such as delivery and receipt of documents handled by the same apartment management office.

1. On June 18, 2015, around 14:50 on D apartment management office, the injured Defendant suffered injury for 14 days of treating the victim’s breast side, such as the front wall side, by cutting off the documents as set forth in the item, and requesting the documents to be re-writtenly taken off at the prior meeting of the occupants’ representative meeting, which had been kept by the victim within D apartment management office.

2. The defendant interfering with business was in custody of the victim at the time and place under paragraph (1);

The documents set forth in paragraph 1 are not authorized by F, the Director of the Office of Management of D Apartments, and "the documents are changed to the victim;

The Defendant exercised its power, such as forcedly cutting off the chest of the victim who requested to do so, keeping about 10 minutes of the chest of the victim who requested to do so, and not carrying about about 10 minutes, thereby obstructing the Defendant’s administrative affairs, such as document management, etc. entrusted by the D Apartment Management Office.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness E, G and H in the second public trial records;

1. Notice of a department related to a reported case 112;

1. A medical certificate of injury (8 pages of investigation records);

1. The defendant and his defense counsel asserted that CCTV images (the defendant and his defense counsel did not constitute a crime of interference with business because they were the chairperson of the representative council of the occupants of DNA apartments and the defendant tried to submit documents to the legitimate authority.

Comprehensively taking account of the documentary evidence, it is recognized that the defendant requested the above apartment management office to submit documents to the victim. However, as the victim refused such a request, the victim was in his body fighting with the victim in order to bring documents like the statement in the judgment, and even though the documents requested by the defendant, the documents submitted by the defendant are above.

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