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All appeals by the Defendants and prosecutor against the Defendants are dismissed.
Reasons
Summary of Grounds for Appeal
The Defendants’ business obstruction duties are the duties of the Dong representative election management commission, and does not fall under the duties of the head of the apartment management office, and since the apartment of this case did not "occupant representative election" in the apartment of this case at the time of this case, there was no "business" itself, which is the object of the crime of interference with business, but the judgment of the court below convicting the Defendants of this part of the facts charged, which affected the conclusion of the judgment.
The content of the instant appeal, which was written in the instant appeal, constitutes true facts, and the instant appeal was not written by the Defendants.
Even if the contents written in the appeal of this case constitute false facts, there were reasonable grounds to believe them as true facts, and their contents are related to the public interest, and thus illegality should be avoided. However, the judgment of the court below that convicted the Defendants of this part of the facts charged, which affected the conclusion of the judgment, is erroneous in the misapprehension of facts.
On January 23, 2011, Defendant A did not commit any act in relation to the facts charged.
Defendant
B The contents of the read speech at the time of the instant case do not contain any specific fact, and even if the statement of fact is included in the statement of fact, it does not constitute a false fact. Even if the content constitutes a false fact, Defendant B had reasonable grounds to believe it as a true fact, and its contents were related to the public interest, and thus the illegality should be avoided. However, the judgment of the court below which convicted the Defendants of this part of the facts charged, is erroneous in the misapprehension of facts, which affected the conclusion
Each sentence of the lower court against the Defendants by the prosecutor (each suspended sentence and deferred sentence: KRW 1 million for each fine).