폭행치상등
The judgment of the court below is reversed.
The sentence of each sentence against the Defendants shall be suspended.
1. Summary of grounds for appeal;
A. At the time of the instant case, the victim I Co., Ltd. received the notice of the termination of the contract from the representative meeting of occupants of F Apartments (hereinafter “instant apartment”) and completed the management service contract as of February 15, 2017. Therefore, there was no work that could be obstructed at the time of the instant case.
In addition, the Defendants did not interfere with the management affairs of the victim company by demanding the police officers to leave the office by opening the door of the management office after the employees belonging to the victim company completed work, and entering the office on that door.
B. The lower court’s sentence against the illegal Defendants (Defendant A: a fine of KRW 3 million, Defendant B, and C: each fine of KRW 1.5 million) is too unreasonable.
2. Determination:
A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, ① the occupant representative meeting of the instant apartment that the Defendant A expressed as the chairperson of the instant apartment on January 13, 2017, notified the victim company that the above consignment management contract for the instant apartment was terminated on January 13, 2017 due to poor management, etc. ② there is no clear proof on the management department room, etc. on January 19, 2017, and ② the victim company sent a written response to the purport that the above notification cannot be accepted as a legitimate termination notice due to the representative of the said occupant meeting that notified the victim company of the termination of the contract, ③ the representative meeting of the instant apartment occupant and the victim company expressed as the chairperson of the instant apartment that some of the residents of the instant apartment units of this case continued to cooperate with the above written statement until February 9, 2017, ④ some of the residents of Suwon District Court 2016Kahap5212, Defendant A and the head of the instant provisional disposition No. 271.