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(영문) 수원지방법원 2016.01.13 2015노3736

업무방해등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of the legal doctrine (as to the guilty part (as to the point of damage to property), although his term of office has expired

Even if a legitimate successor manager is appointed, the defendant could continue to perform his/her duties, and at the time, the "written notice on convening a meeting for the temporary management of D Building A and the temporary management of D Building A (hereinafter referred to as the "the instant condominium") attached by the Emergency Countermeasure Committee for Victims D Building A (hereinafter referred to as the "the instant condominium") was an illegal inducement in violation of the relevant statutes.

Therefore, the removal of the notice of this case, which is an illegal inducement, from the duties of the custodian at the time, constitutes a justifiable act under the Criminal Act.

(2) The sentence of the lower court’s argument that the sentencing is unfair (2 million won) is too unreasonable.

B. The prosecutor [the prosecutor's assertion of mistake and misunderstanding of legal principles as to a non-crime (a crime of interference with business)] also has minor errors in the procedure for convening a temporary management unit of the victimized person

Even if the victim's act of attaching the notice of this case as an incidental act for convening a temporary management unit, is an act worthy of protection under the Criminal Act, and constitutes a business subject to protection of interference with business.

2. Judgment on the misapprehension of the legal principle of the defendant

A. The "act that does not violate the social rules" under Article 20 of the Criminal Code refers to the act that can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether a certain act is justified as a legitimate act that does not violate the social norms and thus, should be determined individually by considering the specific circumstances and on an individual basis, under specific circumstances, whether it is justified as a legitimate act that does not violate the social norms. Thus, to be recognized as a legitimate act, first, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, and the third protective interests and benefits.

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