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(영문) 서울중앙지방법원 2015.02.05 2014노4191
업무방해
Text

The judgment below

The parts against the Defendants are reversed.

Defendants are not guilty. Defendants are not guilty.

Reasons

1. The summary of the grounds for appeal (the factual error and the misapprehension of the legal principle) did not interfere with G’s business due to the Defendants’ act.

J and K were employees of the Seoul Metropolitan City Branch, not G, and Defendant D maintained the position of Director-General of the Seoul Metropolitan City Branch at the time, so it does not interfere with G’s work even if J and K’s access was prevented.

Defendant

A had not conspiredd with other Defendants to commit the instant crime.

2. Determination on the grounds for appeal

A. Before making a judgment on the grounds for appeal ex officio, the prosecutor applied for permission to amend the Bill of Indictment as stated in Paragraph (1) below, and this court permitted it as stated in Paragraph (1) below, and thus, the judgment of the court below was no longer maintained. Although there are the grounds for ex officio reversal, the defendants' assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of the court, the following should be examined. (b) The judgment on the ground of misunderstanding of facts and misapprehension of legal principles is 1) the branch president of the branch office of the Seoul Metropolitan Council of the Branch of the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Branch") (hereinafter referred to as the "Seoul Branch") (hereinafter referred to as the "Seoul Branch") and the co-defendant B of the court below, the defendant C is the director and the defendant D were the director-general.

The Defendants were willing to interfere with the business affairs of the victim corporation by occupying the office of the victim corporation, as disputes arise with the status of the branch president in the victim G due to the application for the suspension of the branch president's duties and the appointment of the acting director, and the lawsuit for confirmation of non-existence of the status of the branch president.

The Defendants conspired with the Defendants, and B and Defendant C, from January 2, 2013 to April 17, 2013, at the meeting room owned by the third victim corporation in Yongsan-gu Seoul, Yongsan-gu, Seoul, and the location of the meeting is various events or meetings of the victim corporation.

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