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(영문) 서울서부지방법원 2018.07.19 2018노618

업무방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the victims' management of the building is practically peaceful and is a protected value based on social activities. Thus, the defendant's transfer of equipment used in the above services is a crime of interference with the business.

In addition, it is the crime of damage to property that the defendant removed the CCTV connecting line owned by the victim C management body without permission, and thereby impairs the utility of CCTV inside it constitutes the crime of damage to property.

Nevertheless, the lower court found the Defendant not guilty of the facts charged of this case, which erred by misapprehending the meaning of duties subject to protection of interference with business, and by misapprehending the legal doctrine on the establishment of crime of destroying property.

2. The summary of the facts charged in the instant case is a resident of Seodaemun-gu Seoul Metropolitan Government who is residing in Seodaemun-gu, the victim D is a chairperson of the C Management Group on his behalf, and the victim E is a person with the director of the C Management Office.

A. The Defendant was elected as the Chairperson at an extraordinary general meeting on June 3, 2016.

On July 9, 2016, the victims filed a motion to interfere with the normal management of the building, and transferred computers, furnitures, equipment, etc. used for other management offices from the above C1st floor to the second floor communication room of the building to make it impossible for the victims to perform their duties.

Accordingly, the defendant interfered with the legitimate building management of victims by force.

B. On July 9, 2016, around 09:30 on July 9, 2016, the Defendant maintained the utility of the property by 2,92,00 won for the restoration of the original state by opening the two connecting lines of CCTV owned by the Victim C management body, thereby destroying and damaging CCTV monitors, and moving CCTV monitors.

3. Determination

A. The lower court’s judgment, in light of the following circumstances revealed by the evidence duly adopted and investigated, the evidence submitted by the prosecutor alone alone, thereby hindering the Defendant’s business or destroying property.