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(영문) 서울북부지방법원 2012.11.08 2012노803
업무방해등
Text

The judgment below

Of them, the part on Defendant C and D shall be reversed.

Defendant

C and D shall be punished by a fine of KRW 300,000.

Reasons

Summary of Grounds for Appeal

The F Branch of the F Branch of the F Branch of the Association of Persons with Disabilities (hereinafter referred to as the "K Branch") has obtained the consent from the former president M of the council of lessees' representatives to use the office located on the first floor of the Seoul G Apartment Complex 9 (hereinafter referred to as the "instant apartment complex") without compensation. In addition, since the K Branch first entered the instant office and was present at the National Assembly members and the head of the Gu when he conducts the sales, the K Branch was present at the time when he first entered the instant office, the K Branch borrowed the instant office and did not receive any notice of termination after it.

Therefore, the Defendants, as the chairperson and members of the K Branch, have the right to use the office of this case, cannot be deemed as a crime of intrusion on the structure.

The sentence of the lower court on unreasonable sentencing is too unreasonable.

Judgment

According to Articles 28 and 29 of the Rental Housing Act regarding the assertion of mistake of facts, the right to manage the rental housing is against the rental business operator, and the council of lessees' representatives can only consult with the rental business operator on some matters concerning the management of the rental housing. Therefore, even if the K branch obtained the consent from the council of lessees' representatives, it is entitled to

It cannot be said that the K branch first entered the office of this case and was present at the National Assembly member or the head of the Gu. Even if the K branch had the right to use the office of this case in the past, considering the evidence duly admitted and examined by the court below, it can be recognized that Defendant A did not use the office of this case for about four months prior to the occurrence of the case, and Defendant A requested that the former president J et al. of the above division change the key of the office. Thus, the K branch already lost the right to use the office of this case at the time of the case, or that the possession of the office of this case was transferred to the victim at least.

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