폭력행위등처벌에관한법률위반(공동주거침입)등
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles (1) Defendant A’s failure to interfere with the business of Defendant A on June 26, 2015 and refusal to leave (A) was made again, and Defendant A did not engage in any conduct to leave the victim F with the waste source, such as the facts charged, and did not constitute “power” of obstructing the Defendant A’s conduct of business.
(B) Defendant A was unable to hear the request for withdrawal from H, and Defendant A was a director of the P Co., Ltd. (hereinafter “P”) using the same office as that of Limited Company E (hereinafter “E”), and is not obligated to leave the office of this case.
(2) The Defendants, on February 9, 2017, did not interfere with the Defendants’ joint residence intrusion and business interference (a) by entering the E’s office under contact with I, and did not interfere with the Defendants’ work of M, etc. by entering the office in collusion with I as stated in the facts charged in this part.
(B) While the Defendants A and B, the representative director of K (hereinafter “K”) with the shares of H, prevented the Defendants from having access to the office of Defendant B, who is the director of K, and interfered with the Defendants’ business, they entered the E office under contact with I, and formed a business instruction order to the employees of E, and thus, it cannot be deemed that such Defendants’ act constitutes “power” of interference with the business.
(C) The J, the representative director of the E, was refusing to return the accounting books of P and corporation G (hereinafter “G”) operated by Defendant A, after concealing them in the E’s office.
B. The employees of AJ impliedly engaged in embezzlement and breach of trust of the company funds of the J, and concealed books and documents of the company according to the direction of the J, etc. and could not expect the legitimate execution of E.
Accordingly, the defendant A and E, who is the representative director of K who is a member of E, have entered the office to normalize the management of the company, and ordered the employees to engage in the business.