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(영문) 대구지방법원 2015.09.17 2014노4437
업무방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts requested the employees of the Management Office to temporarily harm the job for the meeting of the Emergency Countermeasure Committee, and there was no use of deceptive scheme or force, and there was no involvement in the replacement of the keys of the entrance of the Management Office or the concealment of the keys and the keys of the victim’s book, and there was no interference with the management office’s duties during the period of occupation of the Management Office of Emergency Countermeasure Committee. (2) Since the Defendant acted with the consent of the majority of apartment residents in order to correct the illegal acts of the victim, the Defendant’s act constitutes a justifiable act.

B. The respective sentences of the lower court against the Defendants B and C (an unfair form) are too unreasonable.

C. Defendant D1) misunderstanding of facts merely requested the management office employees to temporarily work for a meeting of the Emergency Countermeasure Committee, and there was no use of deceptive scheme or force, and there was no involvement in replacing keys to the entrance of the management office, or concealing the two keys and keys of the victim, and the Defendant temporarily performed duties at the request of the committee on emergency countermeasures against the election of the chairperson of the apartment council of occupants' representatives, and there was no interference with the management office employees’ duties during the period of the Defendant’s duties. 2) Since the Defendant acted with the consent of the majority of apartment residents to correct the illegal acts of the victim, the Defendant’s act constitutes a legitimate act.

2. Determination

A. The following circumstances acknowledged by the lower court’s determination of the Defendant A’s assertion of mistake of facts based on the evidence duly adopted and investigated by the lower court, namely, H and I, an employee of the management office, are ten members of the emergency countermeasures committee, including the Defendant, at an investigative agency and around August 25, 2013.

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