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(영문) 부산지방법원 2020.06.05 2019노3215

업무방해

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s victim, on June 1, 2018, notified that he would move the computer server located in the 10th floor of the building (hereinafter “instant computer server”) to the management body of the said 10th floor of the building (hereinafter “instant building”). Since then, the management body of the instant building requested the victim to move the said computer server, but the victim refused to move the computer server, and even if the said computer server was in the underground warehouse, the victim could only be issued medical records if he was connected to the Internet. In full view of the above circumstances, Defendant B merely moved the computer server to the position of the manager of the instant building, and there was no intent to interfere with the issuance of medical records by the victim.

B) Defendant A, C, and D moved the instant computer server according to the direction of Defendant B as the head of the facility management office of the instant building. Defendant C, and D merely attempted to move the said computer server upon Defendant A’s request. Defendant C and D did not know the dispute or specific legal relationship between Defendant B and the victim or H. Therefore, the said Defendants did not intend to interfere with the issuance of medical records by the victim. As such, the Defendants did not intend to interfere with the issuance of medical records by the victim. 2) The lessee of the 10th floor of the instant building at the time of the instant act of political party, the lessee of the 10th floor of the instant building was in arrears with management expenses equivalent to KRW 41 million at the time, H reported from April 20, 2018 to the competent public health clinic, that the plan was planned to keep the medical records of the I Hospital at the 9th floor of the instant building; the victim purchased the instant server was notified that the instant computer server was transferred to the management body of the instant building at the time, but failed to comply with the said request of the instant computer management body.