업무방해
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant is the resident of C apartment, and the victim D was in charge of an audit position of the resident representative meeting from June 1, 2013 to May 31, 2015 in the same apartment. The resident representative meeting from June 1, 2015 to May 31, 2017 is in charge of a position of the chairperson of the resident representative meeting.
A. On July 20, 2015, around 19:30 on July 20, 2015, the Defendant: (a) held a meeting to determine the agenda items to be presented at a regular meeting held on July 24, 2015 by 12 persons, such as the victim and eight representative of the said apartment building; and (b) three employees of the management office; (c) entered the meeting room while under the influence of alcohol; and (d) entered the meeting room to the management office for overtime work allowances.
“Along with the time limit,” the victim boomed, and the representative of the Dong and the employees of the management center boomed for about 10 minutes, and interfered with the functions of the victim’s representative meeting by force.
B. On May 10, 2016, at around 10:30 on May 10, 2016, the Defendant: (a) entered a meeting room with the victim and the electrical director, the head of the management office, and the head of the management team to hold a meeting for the next 10-year lawsuit related to the repair of defects in the apartment complex; and (b) stated that “The head of the recycling company will terminate the recycling business contract; and (c) interfere with the business of the victim’s representative meeting by force.”
2. The lower court rendered a judgment that all of the facts charged was guilty and sentenced to a fine of KRW 2 million to the Defendant, by comprehensively taking account of the Defendant’s partial statement, D’s legal statement, E’s written confirmation, and written records of investigation of telephone recording by a witness E.
3. Although the defendant at each time and place specified in the facts charged or presented his opinion at each time and place, there is no fact that the defendant avoided or took a bath to the extent that he interferes with his business, the statement made D and E are not reliable.
Is reliable in the statements of the Advisors
(b) if any;