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(영문) 서울남부지방법원 2013.11.15 2013노1486

업무방해등

Text

The judgment of the court below is reversed.

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

However, the above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. (i) Article 46(2) of the Rules of the Management Body provides that, in cases where a sectional owner or tenant fails to pay management expenses on at least two occasions, necessary measures, such as cutting electricity, may be taken in accordance with the resolution of the representative committee. However, when the defendant enters into a management contract with the representative director, he/she may take measures for cutting electricity when he/she fails to pay management expenses for at least one month, and the victim agreed that he/she will not raise any objection thereto, even if he/she took the measures for cutting electricity without the resolution of the representative committee set forth in the management rules, this constitutes an act with the consent of the victim or a justifiable act, and thus, the illegality is dismissed.

B. The punishment sentenced by the court below on unreasonable sentencing (the fine of five million won) is too unreasonable.

B. The sentence imposed by the lower court is too uneasible and unfair.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for changes to “victim G” in the facts charged in the instant case to “victim F Co., Ltd.” in the judgment of the lower court prior to the judgment on the grounds for appeal by the Defendant’s ex officio determination, and the judgment of the lower court was no longer maintained since the same was permitted by this court.

However, despite the above reasons for ex officio reversal, the defendant's argument of misapprehension of legal principles in the grounds for appeal against the judgment below is still subject to the judgment of this court within the scope of the modified facts charged.

B. (1) According to the evidence duly adopted and examined by the court below, Article 46 (2) of the management rules of the management body composed of the sectional owners and shop occupants of the Yeongdeungpo-gu Seoul Metropolitan Government Building, and Article 23 (2) of the Regulations on the Representative Committee of the management body.