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(영문) 수원지방법원 안산지원 2013.07.02 2013고정63
업무방해
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

The summary of the facts charged is the Director of the Management Office of Condominium Buildings.

Since 2006, the victim FF(38 years of age, women) did not receive management expenses from the owner E of the second underground-class building in Ansan-si, the building owner and commercial building owner, and the inside construction was defective.

Therefore, at around 09:00 on November 1, 2012, the victim had completed the internal construction and toilet construction in the second floor 210 of the above building, and ordered G, who is an electricity manager, to stop the construction in order to do the work of the next process.

Accordingly, the Defendant instigated the victim to interfere with the victim's work by force.

Judgment

1. The "act which does not violate the social rules" under Article 20 of the Criminal Act refers to the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether certain act is a legitimate act which does not violate the social rules and thus, should be judged individually by considering the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the third protected benefit and infringed benefit, the fourth urgency, and the fifth supplementary nature that there is no other means or method than the act.

(See Supreme Court Decisions 2002Do5077 delivered on December 26, 2002, and 2003Do3000 delivered on September 26, 2003, etc.). 2. According to each of the health records as to the instant case and evidence Nos. 1 through 10 presented by the Defendant as evidence, the C management committee decided to take short-term measures to receive the delinquent management fees for E, and the Defendant’s resolution by the C management committee as the chief of C management office is inevitable to execute the resolution by the C management committee.

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