업무방해
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. 1) misunderstanding of facts or misunderstanding of legal principles as to the first floor of the charges in the instant case, and the corridor and the road (hereinafter “instant corridor and the road”)
The instant corridor and passage constitute a section for partial common use. The Defendant’s building (hereinafter referred to as “instant building”) indicated in the facts charged.
The Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the “Act on Ownership and Management of Condominium Buildings”) is an obvious section for common use that only the Defendant provided for use by implied agreement with other co-owners.
(2) There is no “business” subject to protection of the crime of interference with business, as stipulated in Article 10(1) of the Act on Business.
With regard to whether the victim F (hereinafter “victim”) has the right to manage the instant building, in order to recognize the victim’s right to preserve and manage the common use area of the instant building, the victim is delegated the management of the instant building by the management body of the instant building or the management committee and was subject to a resolution of the management committee concerning the management activities of the instant building, but the victim did not undergo the above procedure, so the victim cannot be deemed the subject of the management affairs of the instant building.
In addition, part of the space used as a licensed real estate agent office of the victim in relation to the business of the injured party's licensed real estate agent is illegal extension by the injured party, and there is no site right for the illegally expanded portion, so the injured party's licensed real estate agent's business cannot be viewed as a business subject to
3. The Defendant did not have “exercise of force” in the crime of interference with business.
The Defendant only installed simple coffee plates, chairss, and tables on the instant corridor and the street, and did not have installed a shop. Such facilities are possible to move at any time.