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(영문) 서울중앙지방법원 2017.08.10 2015고단7716

업무방해등

Text

The defendant shall be innocent.

Reasons

1. The Defendant in the facts charged is the person who is the chairman of the election commission of the Gangnam-gu Seoul Metropolitan Government D apartment (12 Dong Dong, 809 household units), and on September 4, 2014, the victim E (41 tax) who is the representative of the resident representative meeting of the above apartment complex with interest 109 Dong-dong, the victim E (41 tax) was dismissed on the ground of the violation of the relevant regulations, such as the collective housing management rules. The Defendant announced the 109 Dong-dong resident's 22 resolution for dismissal and the request for dismissal of the representative meeting of the resident representative on the ground of the violation of the rules, and the number of Dong-dong resident voting was equal as a result of the visiting voting on September 15, 2014, because it did not meet the quorum under Article 50 (7) 1 of the Enforcement Decree of the Housing Act (a majority of the resident representative voting and the majority of the voters).

A. Nevertheless, as of September 4, 2015, the Defendant, at that time, removed without permission on the ground that it was illegal since the Defendant’s official door, “request for the repair of soundproof walls and defects with LH,” which was publicly announced in apartment as the president of the resident representative council, was attached to the apartment on September 4, 2015, under the suspension of performance of duties under Article 20 of the Election Regulations.

Accordingly, the defendant interfered with the duties of the victim who is the representative of the tenant representative meeting by force or by other means.

B. On February 27, 2015, the Defendant’s obstruction of duties and defamation was rejected as above on February 27, 2015, and did not proceed with the procedure under the relevant provisions concerning separate dismissal. Moreover, despite the fact that the injured party did not directly or indirectly harm the honor of the resident by engaging in the pre-paid document or by preparing a false document, etc., and did not interfere with his/her duties or interfere with his/her dismissal voting, he/she stated the above reasons and stated that “the injured party was dismissed as he/she was dismissed because the Election Management Committee was making a decision of dismissal by voting for dismissal of the victim for the said reasons.”