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(영문) 창원지방법원 2017.11.02 2017노2125
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles: The Defendant’s act constitutes a justifiable act as stipulated in Article 20 of the Criminal Act and thus, is dismissed.

B. Improper sentencing: The punishment of the lower judgment (the amount of KRW 500,000) is too heavy.

2. Determination

A. In the lower court, the lower court also argued as the grounds for appeal on this part, and the lower court determined as follows: (a) the management rules of D’s Federation (hereinafter “former Association”) stipulate that “in braille, etc., harmful to the preservation of a building, shall not engage in any act contrary to the common interests of braille, etc., such as acts harmful to the preservation of the building.” However, Article 24 of the management rules provides that “In the event that the above provisions are violated, the principal association may resolve to suspend the act, etc.; and (b) Article 22 subparag. 2 of the management rules of the former Management Rules as sanctions against the violation of Article 5(1) provides that “In the event that the braille, etc., in braille, etc., fails to pay the management expenses for more than one month, etc., the president shall send a demand notice, and shall notify the fraction for more than two months, but shall not take any measure immediately before the delay, etc., for more than three months, without any separate notice.

At this time, braille entrance, etc. shall not raise a civil or criminal objection.

Inasmuch as there is no provision, even if the act of connecting electric wires for the purpose of the circuiting box constitutes “an act contrary to the common interest” as stipulated in the above provision, it is not possible to take measures to stop the room operated by the victim as a sanction. However, since the victim’s arbitrary connection of electric wires may cause danger to the commercial building, such as the occurrence of a fire caused by the electrical wire, etc., by the electrical wires, the present meeting is necessary for the management and maintenance of the buildings as set forth in Article 15 subparag. 5 of the above Management Regulations, matters to be decided by the Operating Committee, and matters necessary for the management and maintenance of the buildings.

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