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(영문) 의정부지방법원 고양지원 2016.12.22 2016고정898
업무방해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant was standing for the Dong representative election as a C apartment resident, but recently, judged that the head of the management office and the election management members who were newly neglected to intervene in the voting process of the apartment resident's representative voting.

Accordingly, on March 14, 2016, the Defendant requested the opening of the head of the management office to the head of the management office for the purpose of visiting the Yongsan-gu Seoul Metropolitan Government C Apartment Management Office on March 14, 2016 and completing the voting schedule and confirming the election ballot boxes being kept in custody in sealed to the head of the management office office until the ballot counting is carried out.

In this regard, the head of the apartment management office cannot open until the ballot counting for the fairness of election, and the defendant voluntarily brought the key in the book of the head of the management office and tried to open the office of the head of the management office.

Therefore, when the victim management office D prevents it from blocking it, he brought the head of the management office in two arms, avoided the disturbance, and interfered with the normal work of the apartment management office for about 30 minutes by force.

Summary of Evidence

1. Legal statement of witness E;

1. Statement of D police statement;

1. The written statement of D [the defendant asserts that he did not exercise his power against the victim D. However, the witness E made a statement specifically consistent with the facts charged in this court. The above witness witness may be deemed to have a neutral position without any special interest with the defendant and the victim, and thus, the above statement is credibility. Accordingly, according to the evidence duly adopted and investigated by this court including the witness E’s statement, the facts charged in this case can be fully acknowledged.] The application of the relevant law can be sufficiently acknowledged.

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

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