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(영문) 제주지방법원 2017.04.27 2016노632
자격모용사문서작성등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding ① Of the facts charged in the instant case, the Defendant is deemed to have the president’s authority within the necessary and minimum scope until the new president is elected as the president of the resident representative meeting of the C Apartment (hereinafter “the representative meeting of the occupants of the instant case”) with respect to the preparation of qualification documents and the holding of private documents prepared for qualification reproduction among the facts charged in the instant case. ② With respect to the obstruction of business among the facts charged in the instant case, G cannot be deemed to have the election management affairs of the instant apartment because it is not qualified as the president of the representative meeting of the occupants of the instant case, and even if the said duties are not the Defendant’s duties, the Defendant’s act constitutes a justifiable act, and ③ the Defendant did not have intention to interfere with the preparation of qualification documents, the exercise of qualification documents, and the exercise of business.

Nevertheless, the lower court erred by misapprehending the legal doctrine regarding each of the facts charged in the instant case.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, 1) As to the preparation of a private document and the uttering of a private document prepared for qualification reproduction, the following circumstances are acknowledged by the judgment of the court below and the evidence duly admitted and investigated by the court below as to whether the defendant has the authority of the chairperson of the representative meeting of the occupants of this case, i.e., the council of representatives of the occupants of this case held a special meeting on August 18, 2014 and resolved to proceed with an election to ask the chairperson for the dismissal of the plaintiff who is the chairperson from August 30, 2014 to the 31th of the same month, and the defendant was dismissed from the office of the chairperson of the representative meeting of the occupants of this case according to the result of the election implemented by the above resolution, 2) it is inappropriate to perform his duties even if the chairperson of the representative meeting

An urgent situation shall be determined, except in extenuating circumstances to the contrary.

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