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(영문) 부산지방법원 2019.06.12 2017고정1739
업무방해
Text

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

Where the defendant does not pay the above fine, one day shall be 10.

Reasons

Punishment of the crime

The defendant is a person who was the representative of the council of occupants' representatives of the Northern-gu, Busan from January 2014 to June 17, 2016.

1. On May 1, 2016, the Defendant: (a) at the above apartment management office, on the ground that the victim C, who is the head of the above apartment management office, neglected to work in accordance with his/her direction; (b) corrected the entrance by receiving the key of the head of the management office from the other party on duty; and (c) unilaterally “management and supervision by the representative of occupants on his/her own authority” without undergoing lawful procedures; and (d) by preventing the said victim from entering the management office by May 9, 2016, the Defendant interfered with the victim’s apartment management by force.

2. On July 3, 2016, the Defendant, at the above apartment management office, arbitrarily replaced the entrance door door of the management office for the same reason as Paragraph 1, and corrected the entrance, and prevented the said victim from entering the management office room until July 4, 2016, thereby hindering the management of apartment by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses D in the fourth trial records;

1. Statement made by witnesses E in the sixth trial records;

1. The defendant asserts that the victim's failure to perform his/her duties as the head of the apartment management office so that the victim may not have access to the office of the head of the management office to correct such failure. Thus, the defendant asserts that this constitutes a justifiable act.

The term "act which does not violate social rules" as provided in Article 20 of the Criminal Act means an act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and it does not violate social rules.

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