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(영문) 인천지방법원 2016.07.06 2015노3971
업무방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding Defendants, as indicated in the facts of the lower judgment, filed an application for suspension of the Internet of this case, but the general assembly that elected G as D Chairperson on January 16, 2015, is null and void due to procedural defect. Therefore, the Defendants committed the above act on behalf of the lawful holder upon receiving the direction of H, who is the lawful president at the time, on behalf of the lawful manager at the time. It does not constitute “defensive scheme”, and D does not constitute an organization established for the purpose of preserving the certificates of trust, and there is a risk of infringing or infringing upon the business due to the request for suspension

subsection (b) of this section.

Nevertheless, the court below convicted the Defendants by misunderstanding the facts.

B. Even if the sentencing was found to be guilty, the sentence of the lower court (a fine of one million won, a fine of one million won, and a fine of 1.5 million won) is too unreasonable.

2. Determination

(a) Business affairs concerning the obstruction of judgment on the assertion of facts refers to the whole of the business affairs that a person continuously performs in a social position, regardless of whether the business affairs are mainly incidental, and one-time business affairs;

Even if he/she continues to perform his/her duties to a certain extent, he/she falls under this case, and includes preparation of his/her original duties.

In addition, since the obstruction of one's business is to protect another's activity that is actually being carried out in peace, its legality is not strictly required, and even if it is not carried out by legitimate authority under the law, there is a legal need to defend the execution of the business from the abuse by illegal act or method.

If it is recognized, the work is also the object of this crime.

Even as alleged by the Defendants, the general assembly elected G as the Chairman on January 16, 2015 is null and void due to procedural defect, and accordingly, the former Chairman was the former Chairman.

H’s successor.

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