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(영문) 의정부지방법원 2014.12.24 2014노836

업무방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Compared to the purport that misunderstanding of facts F and G made an investigation agency a statement to the effect that the Defendant was unable to bring a disturbance, such as returning to the conference room at the time, and that these and H did not appear in the court of the original instance upon the Defendant’s request at the council of occupants’ representatives meeting room at the time

Since the defendant made a statement to the effect that he did not speak, or that he did not speak, it is reasonable to view that the defendant had a force on the victim with co-defendants in the original instance because he took the surroundings of the council of occupants' representatives even if he did not directly force or threaten the victim.

Nevertheless, the court below erred by misapprehending the fact that it is difficult to view that the defendant exercised power.

B. In light of the fact that the Defendant is the husband of Co-Defendant C in the lower judgment, it is clear in light of the empirical rule that, by finding C and the council of occupants' representatives, the Defendant implicitly conspired to obstruct the progress of the meeting of the victim, and it is clear that the Defendant made an attempt to assist the Co-Defendant in strengthening the conduct of interfering with the business of Co-Defendant C in the lower judgment.

Nevertheless, the court below erred by misapprehending the legal principles as to joint principal offenders of the crime of interference with business, although the defendant did not invite co-defendants to commit the crime of this case in advance and did not have an essential act.

2. Determination

A. On June 30, 2012, the Defendant conspired with Co-Defendant A and C in collusion with the lower court, and reported that the victim F, the president of the above apartment building, is in charge of the council of occupants' representatives at the E-House council of occupants' representatives at Yangyang-si, the Nam-si, the Namdong Council of Residents' Representatives, and A, with the victim F, sound “this apartment is high,” with the victim F, with the victim’s “high,” and was going to the management office of the second floor.