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(영문) 대전지방법원 2015.07.02 2015고정323
업무방해
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant was the head of the management office of the D Management Body in Seo-gu Daejeon.

The Defendant, from around 08:50 on September 4, 2014 to around 10:00, obstructed the business of the Victim F, who operated the Company E, by force, by cutting off the entire D two floors from the electric room of the above D three floors, and by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police of the F;

1. Application of Acts and subordinate statutes on the imposition of management expenses and payment details;

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 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. On June 5, 2014, the asserted F agreed to pay management expenses to the D Management Body, which was directly paid to the Korea Electric Power Corporation in July 2014 and August 201, and did not inform the Management Body of the details of the payment.

In addition, the Korea Electric Power Corporation did not pay the management expenses in July 2014 and August 201, except the electricity taxes paid directly to the Korea Electric Power Corporation.

In the management body, the management body urged the payment of unpaid management expenses in writing, publicly announced the scheduled date, time and time of the dispatch, and decided to take full-time measures at the meeting of the management body.

Since the defendant was a chief executive officer appointed by the management body and was reappointed according to the direction of the management body, the defendant's exclusive measures are legitimate acts.

2. Determination

A. According to the evidence of the judgment and the evidence Nos. 1 and 2 submitted by the defendant, the following facts are acknowledged.

D is a place where the management body and the prosperity are dissatisfied with each other with the management authority.

On June 5, 2014, F paid the management expenses to the management office of the management office, and did not raise an objection against the suspension of the management expenses when the management expenses are overdue for more than two months, and if the management expenses are overdue for more than three months, F signed a written consent that does not raise an objection even after taking legal measures such as the application for payment order.

F on June 20, 2014, 1,200.

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