업무방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (definite or misunderstanding of legal principles) is that the Defendant, as the chairperson of Btel management committee, sent a notice stating false matters (hereinafter “instant notice”) as stated in the judgment of the court below, constitutes the crime of interference with business by fraudulent means, as sufficient to make it possible to give up the owner of the above officetel to be present at the temporary management body convened by the victim. However, the court below acquitted the Defendant by misapprehending the legal principles on the crime of interference with business by fraudulent means
2. In relation to the crime of interference with business through fraudulent means of judgment, "defensive means" means causing mistake, dismissal, or land to the other party in order to achieve the purpose of the actor's act (see, e.g., Supreme Court Decision 2008Do2537, Jun. 26, 2008). In light of the above legal principles, a thorough examination of the reasons for innocence and the evidence of the judgment below is conducted, on the grounds as stated in the judgment of the court below, that the act of sending the notice of this case cannot be deemed to constitute "defensive means" which causes mistake, mistake, or land to the sectional owners. Thus, the judgment of the court below that the facts charged in this case constitute a case where there is no proof of a crime, and there is no error of law by misunderstanding the facts or by misunderstanding the legal principles
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.