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(영문) 수원지방법원 2018.03.22 2017고정2681
업무방해
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. The summary of the facts charged in the instant case is that “the Defendant interfered with the business of the occupants’ representative meeting by force by means of force by removing the public notice attached by D’s representative meeting at the entrance and on the elevator bulletin board of the 502-dong occupant apartment complex from March 11, 2017, which was attached by the representative of the 502-dong occupant representative meeting (No. 502-dong 801-dong 502-dong 801-dong 501-dong 501) to the damaged party”.

2. The phrase “act that does not contravene social norms” under Article 20 of the Criminal Act refers to an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding the act. Thus, if a certain act satisfies the requirements such as the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the protected interests and the infringed interests, the urgency, and the supplementary nature that there is no other means or method than the act, it constitutes a justifiable act (see, e.g., Supreme Court Decisions 86Do1764, Oct. 28, 1986; 2004Do8530, Feb. 25, 2005). According to the evidence duly adopted and examined by the court, it is recognized that the defendant removed a public notice attached by D’s representative at the place and the fact that the defendant teared.

However, in full view of the following circumstances acknowledged by the above evidence and the record, it is reasonable to view that the above act of the defendant by the defendant constitutes a justifiable act and thus the illegality is dismissed.

① The public notice of this case consists of the following contents:

Title : 502. 801. 501. 501. 801. 501. 801. .. are delinquent in managing apartment and causing enormous impediment to apartment management.

In the event that the amount in arrears (3,759,910 Won) is not paid by 16:00 on March 17, 2017, under Article 81(2) of the Management Rules, a single measure, an application for payment order under the Civil Procedure Act, or a request for a small amount and a provisional attachment under the Trial of Small Claims Act, will be made.

(e).

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