업무방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The defendant does not pay the above fine.
1. The summary of the grounds for appeal 1) misunderstanding of the facts and misapprehension of the legal principles (as to the facts constituting the crime in the judgment below), the Defendant sent D Housing Reconstruction Project Association (hereinafter “Association”) members of the Association, as described in the facts charged, text messages (hereinafter “instant text messages”) as indicated in this part of the charges, but sent without recognizing that the content thereof is false.
Even if the Defendant was aware that the content of the instant text message was false, sending the instant text message constitutes a justifiable act as an audit of the instant association’s business.
2) The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.
2. In full view of the evidence duly admitted and examined by the lower court, the lower court determined that this part of the facts charged constituted a crime of interference with business by the Defendant, on the ground that the Defendant spreads false facts as stated in this part of the facts charged, and thereby obstructing the business of the victim.
2) In a criminal trial for a reasonable deliberation, the conviction should be based on evidence with probative value sufficient for a judge to have the conviction that the facts charged are true beyond a reasonable doubt.
Therefore, if there is no such evidence, there is a doubt that the defendant is guilty.
The interest of the defendant is to be determined by the interests of the defendant.
Comprehensively taking account of the evidence duly admitted and examined by the court below, the following facts can be acknowledged.
① On December 20, 2015, the instant cooperative held a general meeting with a total of 772 shareholders, and 810 direct participants, among the 1,607 members of the cooperative, a resolution was made to dismiss the victim who is the president of the cooperative (hereinafter “resolution at the instant general meeting”) with an affirmative vote of 728.
② The instant case.