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(영문) 대구지방법원 2017.05.26 2016노5084

업무방해등

Text

The judgment below

The guilty portion shall be reversed.

Defendant

A shall be punished by a fine of three million won.

Defendant

A The above fine shall be imposed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) 2015, 1593, 2015, 1593, 1593, 1) Defendant A did not either have the documents of the meeting as stated in this part of the facts charged, or have not threatened the victim E with the face of the above victim.

② At the time indicated in this part of the facts charged, 33 members, including Defendant A, proposed to dismiss the victim E from the president of the association at the time of the date indicated in this part of the facts charged, and the victim E did not have the authority to proceed with the association meeting. The victim E’s conference proceeding is not a legal or social business protected by the crime of interference with business.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in the misapprehension of facts and legal principles.

B) From 2015 to 2006, Defendant A merely discussed the situation of M and N and H (hereinafter “cooperative”) on the date stated in this part of the facts charged, and did not contain any false fact about the victim E.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.

C) From 2015 to 2006, defamation ①, and ② part of Defendant A, based on true facts, prepared a printed article identical to this part of the facts charged, so there is no fact that false information was made.

(2) There is a falsity for part of the facts alleged by Defendant A.

Even if Defendant A believed it as true, there was considerable reason to believe it, and the preparation and distribution of the above printed materials are for the public interest of the Union and its members, so illegality is excluded.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in the misunderstanding of facts or legal principles.

D) Of 2016, fixed 677.