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(영문) 인천지방법원 2019.08.09 2018노2629

업무방해등

Text

The judgment below

The guilty part shall be reversed.

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

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant (i.e., defamation part of May 27, 2017) did not instruct D to stick up the printed matter as indicated in the B apartment 9 entrance (hereinafter “instant printed matter”) as indicated in its reasoning. The lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2.2.2.2.2.3 million won of a fine) imposed by the court below on the defendant is too unreasonable.

B. A prosecutor (misunderstanding of facts as to the portion not guilty on the market) stated that there is no text message sent at will by an investigative agency on May 26, 2017 (hereinafter “the instant text message”) and without the consent of the Defendant. It is reasonable to deem that the instant text message was sent according to the Defendant’s instruction or consent, and it is difficult to believe that D’s legal statement contrary to the above statement was made at the time when one year has elapsed from the instant crime.

Nevertheless, the court below found the defendant not guilty on this part of the facts charged without any reasonable doubt. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination

A. (1) The summary of this part of the facts charged and the lower court’s judgment on the Defendant’s assertion of mistake of facts (as of May 27, 2017, defamation part) as to the Defendant’s assertion of mistake of facts (as of May 27, 2017, the Defendant instructed D around May 27, 2017, and as of May 27, 201, “The facts on the Non-gu Incheon Bupyeong-gu B apartment building construction association (hereinafter “instant association”) were leaked to the outside by the victim C’s failure to leak the list of its members to the outside.

3. The outflow of information on union members and C head of the partnership have leaked the list of union members (personal information of union members) to the outside through the rearrangement company.

5. The phrase "head of a non-ri partnership."