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(영문) 서울중앙지방법원 2016.04.22 2016노279
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles) is as follows: (a) although the Defendant did not have the authority to do so, it is difficult to view it as a simple number of rooms in light of the Defendant’s experience; (b) the Defendant, at the time, was driven away from the meeting place by the H, etc., under the direction of the Defendant, at I and M, who was instructed by the Defendant; and (c)

In light of the facts stated, although the defendant was found to have obstructed the victim D's temporary board of directors and extraordinary general meeting by deceptive means or force, the first instance court acquitted the facts charged of this case, thereby misunderstanding the facts or misunderstanding the legal principles, thereby affecting the conclusion of the judgment.

2. The first instance court acknowledged the facts and circumstances as indicated in its reasoning based on the evidence duly admitted and investigated, and, in full view of these facts and circumstances, ordered the Defendant to refrain from entering the conference room of a person other than a representative, in light of the Defendant’s status as the Secretary-General under the direction of the head of the board of directors: (i) the Defendant instructed HBF to refrain from entering the conference room of a person other than a representative.

It is difficult to see that I distributed printed materials, and the Defendant instructed or intervened in the remaining area after being pushed out of the meeting place with H and F’s control.

(2) There is no evidence to see that the instant conference room was not entered by J, K, L, H, or F, not an I or representative who is not a legitimate Secretariat employee without the court’s permission.

In addition, there was a risk that the D's meeting operation would result in the occurrence of the D's meeting operation

For reasons that it is difficult to see that the defendant made a statement with the intention to interfere with the business of this case, in light of the fact that the defendant immediately renders his statement of absence of meeting, the defendant made a statement with the intention to interfere with the business of this case.

(2) In light of the requirements for the majority of Article 24 of the D Articles of Incorporation, etc.

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