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(영문) 서울북부지방법원 2018.11.02 2018노1365
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The documents submitted after the lapse of the deadline for appeal by mistake of facts or misapprehension of legal principles are deemed to the extent of supplement in case of supplemental appellate briefs not timely filed.

In light of the following circumstances, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant guilty.

Defendant

On the other hand, security guards had no strong pressure to prevent the entrance of the general meeting site, and confirmed that they are union members and entered the general meeting site only for the members.

At the time of the instant case, the president of the partnership: (a) assigned 22 security services to the general assembly head; (b) did not enter any place without the consent of the partnership guards; (c) the Defendant did not unilaterally prevented the general assembly head.

Although the opposing partners and opposing partners try to negotiate on the issue of the acceptance of security guards, the first floor, etc., the president of the partnership was wrong to make it difficult to hold a general meeting, and the defendant's security guards did not have to hold a general meeting.

B. The sentence of the lower court that is unfair in sentencing (2 million won) is too unreasonable.

2. Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the lower court as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the Defendant may sufficiently recognize the fact that he/she interfered with the special general meeting affairs of the

The above assertion by the defendant is without merit.

① Examining the video images showing the situation at the time, the Defendant’s security guards appeared to have obstructed the passage of the general meeting site from the three-story elevator with large scale (the entrance of the general meeting site seems to have not existed). While the members were to enter the general meeting site, it was deemed that the said security guards prevented them from physically entering the general meeting site.

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