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(영문) 부산지방법원 동부지원 2016.11.28 2015고정1211
업무방해등
Text

Defendants are innocent.

Reasons

1. The summary of the facts charged is the representative of the Re-building Promotion Committee of the F apartment in Suwon-gu Busan, and the defendant A and the defendant B are the reconstruction promotion committee members, respectively.

1. On April 1, 2015, Defendant A’s interference with the business, and the assault Defendant confirmed that the former part of the title, “H,” which was distributed by the victim G, was a false fact and a content of slander against the said reconstruction promotion committee, around the southnam Elementary School located in the Namcheon-gu, Busan, Busan, and the content of “H,” around April 17, 2015, Defendant prevented the victim from distributing the paper bank containing approximately 200 of the victim’s losses and arms, and forced the victim’s distribution by force.

Accordingly, the defendant interfered with the distribution of the victim's leaflet by force, and assaulted the victim.

2. Defendant B, Defendant C’s obstruction of business, and the Punishment of Violence, etc. Act (joint assault) around the Youngnam Elementary School located in the Namcheon-gu, Busan, Busan, on April 1, 2015, the Defendant prevented the distribution of the victim’s former part by means of taking the victim’s hand and arms, and taking the victim’s cell phone from the victim’s mobile phone at around 17:00, on the ground that the former part distributed by the victim G (the age of 18) is the content of false facts and slander as to the reconstruction promotion committee, and Defendant C’s distribution to the victim of the former part of the former part of the case cited by the victim. The Defendant C prevented the distribution of the victim’s former part of the case by checking the victim’s telephone conversation list by taking the victim’s cell phone from the victim’s mobile phone.

Accordingly, the Defendants interfered with the distribution of the victim's leaflet by force, and assaulted the victim jointly.

2. Determination

A. The Defendants asserted that their actions were against the victim G’s illegal distribution of printed materials. Thus, they prevented them as the president, acting director, or promoting member.

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