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(영문) 서울서부지방법원 2019.06.21 2019고단237
업무방해
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On April 20, 2017, the Defendant was sentenced to imprisonment with prison labor for six months for obstruction of performance of official duties by fraudulent means by the Seoul Western District Court, and the judgment became final and conclusive on June 29, 2017.

The Defendant was planned to hold an extraordinary general meeting on the first floor of Yongsan-gu Seoul Metropolitan City hotel from January 26, 2016, as a member of the Housing Redevelopment Cooperatives (hereinafter “instant Partnership”), and the instant Union, the victim, from January 26, 2016.

On January 26, 2016, at around 13:25, the Defendant: (a) called “Nados are talking about the above hotel in the outdoor hotel of Yongsan-gu Seoul Metropolitan City by telephone; (b) caused G to make a false report to the police via D, E, F, etc. that he/she knew of such false fact; and (c) allowed police officers belonging to the Seoul Yongsan Police Station, police officers belonging to the Seoul Yongsan Police Station, police officers belonging to the Seoul Yongsan Police Station, fire officers belonging to the Seoul Yongsan Police Station, and the number of military personnel belonging to the joint team of the 56 company group to be a C hotel to stop the above extraordinary general meeting, and made it difficult for some members to attend the above extraordinary meeting, and make it difficult for them to attend the above extraordinary meeting.

Accordingly, the Defendant interfered with the general meeting of the victim association by force.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. 12Report lists of cases and report on the situation thereof;

1. Application of Acts and subordinate statutes to each investigation report (to hear and report on reference I, J, K, L, M, N,O, or telephone statement);

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The crime of this case and the criminal facts of the judgment that became final and conclusive under the latter part of Article 39(1) of the Criminal Act are most identical to the circumstances such as the motive, background, means and consequence of the crime, and the circumstances after the crime. Thus, even if the judgment was rendered at the same time, more severe

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