업무방해
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
The summary of the facts charged is that the term of office has expired from November 1, 2014 to October 31, 2016 as the 13th president of the Gangseo-gu Seoul Metropolitan Council for the Representatives of Residents of Apartment Houses, while performing duties concerning the operation of apartment. On November 8, 2016, the victim D (V, 67 years old) was elected as the 14th president.
Since then, although the Defendant received a request from the injured party for the return of the representative meeting of occupants, the Defendant failed to return the request and thereby interfered with the operation of the representative meeting of occupants, including the duties of managing apartment funds by the victim.
Judgment
In order to establish a obstruction of business by force, the term “power” means any force that may cause suppression or confusion with another person’s free will, whether tangible or intangible, and includes pressure by social, economic, political status, and royalty, as well as assault, intimidation, and pressure by force. In order to establish a obstruction of business by force, it does not require actual results of interference with business, but the risk of interference with business should occur, and the occurrence of the risk must be by deceptive scheme or force (see, e.g., Supreme Court Decisions 2003Do7927, Mar. 26, 2004; 2009Do2870, Aug. 20, 209). In addition, if a person who is legally obligated to act to prevent infringement of legal interest prohibited under the Criminal Act could have easily achieved as a result of performing his/her duty, he/she shall be punished as an act of omission by 200,500, and if it does not constitute an act of omission, 2015.