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(영문) 춘천지방법원 강릉지원 2014.08.27 2014고정272
업무방해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Defendant

On December 2, 2013, the first police officer was to perform the duties on behalf of the president of the Gyeongung C market merchants' association from the first police officer.

At around 20:10 on December 24, 2013, the Defendant: (a) was in the street room in front of the power distribution board “Y,” the victim E, the victim F, and the victim G are not affiliated with the said merchant association; and (b) the victims were affiliated with the C market occupant federation, despite the absence of consent to the said merchant association’s articles of association, on the ground that the victims failed to pay the management expenses, the Defendant obstructed the victims’ respective commercial business operations by cutting the power set of the victim E’s “H, the victim F, the I” operated, and the “J” operated by the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to E, F, K, and G;

1. Article 314 (1) of the Criminal Act and the choice of fines for the crime;

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

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. In light of the fact that the defendant's reasons for sentencing under Article 59 (1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) recognizes his act, there is no criminal record prior to the instant case, the defendant committed a crime in the course of collecting management expenses indispensable for the management of commercial buildings by acting as the president of the merchants' association, and the defendant did not repeat again, since the defendant's act falls under the case where the former situation is obvious, the punishment is determined as per the order.

Defendant

In addition, the defendant asserts that, while performing the duties of the president of the C market Merchant Association acting on behalf of the C market Merchant Association, a full-time measure was taken against the stores of the victims who failed to pay management expenses according to the resolution of the special general meeting, this does not constitute a justifiable act under Article 20

The victims are the merchants' associations of the C market.

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