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Defendant
C All appeals filed against C and the Defendant A and B of the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
(a) The management duties of the Director of the Management Office using CCTV against Defendant A and B include immediate measures following the monitoring and the occurrence of circumstances using CCTV.
Therefore, the photographing continued.
Even if a video recording device monitor is unable to perform surveillance duties using CCTV, it is a interference with the management of the manager of the management affairs.
Nevertheless, the judgment of the court below which acquitted the above defendants is erroneous in the misapprehension of facts and legal principles.
B. Defendant C (1) In the misapprehension of the legal doctrine, the conference room of this case is the co-owned part by the occupants of I apartment houses, where they were freely used by them, and there was no ordinary correction device.
The defendant's act of releasing and accessing the corrective device to enter the meeting room as usually with other representatives is an act to defend the current infringement of his/her or other person's legal interests, and is a legitimate defense.
(2) The sentence of the lower court (an amount of KRW 700,000) that is unfair in sentencing is too unreasonable.
2. Determination
A. The lower court determined as to the prosecutor’s assertion that Defendant A and B had an intentional intent to interfere with the victim’s CCTV photographing business, or that the Defendants interfered with the aforementioned photographing business, on the grounds indicated in its reasoning.
On the ground that it is difficult to conclude this part of the charges, the lower court acquitted.
In the management affairs of the management office, surveillance duties using a video recording device monitoring in addition to CCTV photographing duties are included, and surveillance duties using CCTV in the management office have been interfered with due to the Defendants' actions on the screen of the video recording device monitoring.
There is room to view.
However, this part of the facts charged was that the defendants could not take three recording devices of the management office.
“......” The management work of the managing director.