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(영문) 서울남부지방법원 2018.08.14 2017노874
업무방해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) A list of consenterss was not lawfully prepared for the removal of obstruction of duties and damage, and the act of attaching the notice of this case without the approval of the head of the management office in accordance with lawful procedures, such as where a meeting of the election management commission was not held due to the failure to notify some members of the committee for election management of the date and time, etc., was conducted as part of illegal acts. Thus, the removal of the notice of this case by the Defendants constitutes a justifiable act under Article 20 of the Criminal Act.

2) In the case of defamation on November 18, 2015, the Defendants’ request to the Chairman of the Election Management Committee to vindicate that the procedure for dismissal voting against the Defendants was unlawful, and it is merely a presentation of the Defendants’ opinion that such fact may be notified to the occupants, and that G, E, H, and F may be punished, and that the notice of November 23, 2015 was merely a second mentioning the illegality of the above procedure for dismissal voting on the line of the extension of the Defendant’s notice of November 23, 2015. Therefore, it cannot be deemed that each of the respective notifications of this case was false, and it cannot be deemed that the Defendants had the intent of defamation in light of the above circumstances.

Even if the Defendants stated false facts, the Defendants believed that the content of the instant public notice was true for the same reason as the above stated, and there is a reasonable reason to believe that it was unlawful.

B. In light of the fact that the Defendants were the primary offenders of sentencing, the lower court’s punishment (a fine of KRW 700,000) is too unreasonable.

2. Determination

A. As to the allegation of misunderstanding of facts or misapprehension of legal principles, the lower court, as to the obstruction and damage of business, shall: (i) prepare a list of consents.

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