업무방해
All appeals by the Defendants and by the Prosecutor against Defendant A are dismissed.
1. Summary of grounds for appeal;
A. On September 18, 2015, Defendants 1 and misunderstanding of the legal principles or finding an office of an association was intended to hear explanations and demand explanation of proportional rates and contributions in the application for parcelling-out and KRW 164 billion. The president of the association did not neglect the demands of the Defendants, who are members of the association, and did not explain specific matters.
No interference with business may be established with the head of an association who refuses to perform his/her duties without performing his/her duties.
On the other hand, the Defendants did not have exercised the power to control the free will of the president of a cooperative at the association office, and the Defendants demanded the president of a cooperative within the legitimate authority to give an explanation, and even if the president of a cooperative took part in the process of refusing to give an explanation, which is an act to the extent permissible under the social norms, and cannot be evaluated as a obstruction of the Defendants’ business by force.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby convicting the Defendants of all part of the charges regarding the obstruction of business.
2) The punishment sentenced by the lower court to the Defendants is too unreasonable.
B. Defendant D, F, and the president of the partnership at the time of G to retire without fulfilling his duty to explain.
Although there was a room to some extent in the process of suppressing the wind, Defendant D had a hand on the right shoulder part of the O, and did not put the shoulder part, and Defendant F and G, which are elderly women, had a hand off the part of theO's left shoulder, and did not go beyond the O because of this.
Defendants’ exercise of such degree of tangible force as above, and as such, O suffered bodily injury, such as the opening of the right door to the right door, which requires 12 weeks of medical treatment.
It is unreasonable to view it.
Rather, CCTV video data is included.