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(영문) 서울북부지방법원 2013.11.14 2013노1101
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the forgery of private documents and the uttering of falsified investigation documents, the Defendant obtained the consent of only the convening of an extraordinary general meeting from the sectional owners of the instant commercial buildings, and forged and exercised documents as if they were delegated with voting rights.

B. As to the preparation of qualification-based private documents, qualification-based private document events, and obstruction of business, the Defendant, using forged documents, elected himself as the head of the management body of the shopping mall of this case by using them, and subsequently, prepares and exercises content certification and guidance notices as stated in the facts charged, and thereby interfered with the duties of the management body of the shopping mall of this case.

2. The judgment of the court below is justified in light of the reasoning of the judgment below, and the evidence submitted by the prosecutor alone is insufficient to acknowledge the facts charged for forging private documents and uttering of falsified documents, and as a logical conclusion, the defendant was acquitted of all the facts charged on the grounds that it is insufficient to recognize the intention of obstruction of business. The judgment of the court below is justified in light of the record and comparison with the reasoning of the judgment below.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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