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(영문) 서울남부지방법원 2018.07.11 2018고정382
업무방해
Text

Defendant shall be punished by a fine of one million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is the representative of the occupants of the Yangcheon-gu Seoul apartment building B, and the victim C is the chairman of the “D” grouping the community activation organization of the above apartment that received a report on composition at the representative meeting of the above apartment occupants around October 30, 2015.

On August 5, 2017, the Defendant replaced the locker system of the apartment occupant representative conference, which was used by the above D as a teaching place, and prevented the above D from proceeding with art lessons conducted for apartment residents on every Saturday.

Accordingly, the defendant interfered with the victim's D operations by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Drawings, relevant written statements, etc. prepared by the complainant;

1. Minutes submitted by the person against whom the objection has been raised, Seoul and B apartment regulations;

1. Application of the Acts and subordinate statutes to a criminal investigation report (Yancheon-gu Office Housing and Currency);

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. D'D', the chairperson of which is the victim, is not an organization that accepts the formation report at the representative meeting of the apartment occupants of B, and the victim's work of D' does not fall under the duty of protection under the Criminal Act, and the defendant replaced the locking device to prevent the unauthorized use of the representative meeting of apartment occupants as the chairperson of the representative meeting of apartment occupants. Thus, there is no intention to interfere with the business.

2. Determination

A. The term “business” subject to the protection of interference with business under the Criminal Act refers to a business or business engaged in an occupation or continuous operation, which is worth protecting from harm caused by another’s unlawful act, and a contract or an administrative act, which serves as the basis for such business, must be the same.

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