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(영문) 서울동부지방법원 2013.06.14 2013노319

업무방해등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts (contestation of facts against obstruction of business), Defendant A merely performed a work related to the lease of the leased building part of this case as L’s representative, who is the owner of the 17th and 8th (hereinafter “the leased building part of this case”) having M Office, etc., and is not the chairman of Gowner’s management body, but ordered Defendant A to block or instruct the supply of electricity at the electric location of the leased building part of this case, which is supplied by Defendant A as the leased building part of this case. However, there is no fact that Defendant A directed Defendant A not

Nevertheless, the lower court found the facts erroneous and convicted Defendant A.

(2) The sentence imposed by the lower court on Defendant A (six months of imprisonment) is too unreasonable.

B. Defendant B (unfair punishment)’s punishment (fine 3,00,000) sentenced by the lower court against Defendant B is too unreasonable.

2. Determination

A. As can be seen by proxy (Evidence No. 277 pages) of the N Council Chairperson L (Evidence No. 277 pages) stating that Defendant A designated Defendant A as an agent for the N Council Chairperson L and handle N business on behalf of Defendant A from October 17, 2008, the following circumstances acknowledged in accordance with the judgment of the lower court and the evidence duly examined and adopted by the court of first instance as to Defendant A’s assertion of mistake of facts, the Defendant is not simply a representative of the 7 and the 8th floor owner L, but a person who is delegated with all overall duties concerning the management and operation of the building by L, who is the right holder of the building and the president of the entire management and operation council of the building. ② Defendant A was delegated with the exercise of the right of share by Defendant A, and Defendant A was stationed in the parking room, guard room, disaster prevention room, and personnel living in the central government room, etc. on October 29, 2010.