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(영문) 서울중앙지방법원 2014.06.12 2014노282

업무방해

Text

All the judgment below is reversed.

Defendant

B KRW 300,00,000, Defendant C shall be punished by a fine of KRW 500,00,00, and Defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant C, D, and E did not engage in any conduct that interferes with the business of the promotion committee, such as taking microphones from the victim or speaking irrelevant to the agenda, as described in this part of the facts charged, to interfere with the business of the promotion committee as of August 26, 201, and there was no fact that Defendant A, B, C, and E had a legitimate speech related to the agenda. (ii) Defendant A, B, and E interfered with the business of September 7, 201. There was no fact that Defendant A, C, and E had kept a book, etc. in front of the entrance in order to interfere with the promotion committee’s participation in the meeting.

Rather, the committee of promotion, such as victims, mobilization of external service workers in the inside of the committee and prevent the defendants from entering the committee.

3) Defendant E’s destruction and damage of property on September 7, 201: (a) it was true that Defendant E spreaded a black frame on the entrance door and CCTV camera; (b) it was an act to prevent the Defendants from carrying out the project in an erroneous direction, such as: (c) the Defendants, who want to point out and present their opinions on the issues regarding the progress of the project on the part of the victim regarding the G apartment redevelopment project; and (d) by forcing the committee to carry out the project in an unlawful manner, such as preventing the victim from entering the meeting place by mobilization of external employees and by preventing him from entering the meeting place; and (b) the act constitutes a justifiable act under Article 20 of the Criminal Act. The sentencing of the lower court of unfair sentencing (a fine of one million won for each of the Defendants A, B, and D; (b) the fine of two million won for each of the Defendant C; and (c) the fine of five million won for each of the Defendants

2. Summary of each of the facts charged in this case

A. Defendant C, D, and E in collusion with each other from August 19, 201 to 21:00, at the office of the Promotion Committee for G Apartment Housing Reconstruction in Gangnam-gu Seoul Metropolitan Government, a promotion committee of 100 members, which is the resolution body of the Promotion Committee (6j), is held, and the promotion committee members are the progress of the victim H, who is the promotion committee chairperson.

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