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(영문) 수원지방법원 2016.09.28 2016노2123
업무방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. Defendant A’s act is merely the establishment of a bicycle riding room in front of the entrance of the victim Company B B, 101 (hereinafter “instant commercial building”). It cannot be deemed as “power” as referred to in the crime of interference with business affairs. Since the victim company did not carry out any business or business at the time, there was no “business affairs” and there was no risk of interference with business affairs due to the Defendants’ act.

B. In order for ASEAN to use the instant commercial building, he/she must obtain the consent of the owner of the apartment partitioning who is a resident living in the Dong, and installing the bicycle boom which was resolved by the resident representative council in a state of blocking only one entrance is a legitimate act based on the legitimate ownership of the resident.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. Defendant B’s place where Defendant B installed a bicycle scam is a common part with exclusive occupancy rights in F apartment units (hereinafter “instant apartment units”). Thus, it is reasonable for the instant apartment occupants’ representative council to install a bicycle scam according to its decision as part of the management business. As such, the victim company’s bicycle scam did not interfere with the sales business of the instant apartment buildings, or there was no risk of interference with the business of the Plaintiff company due to the bicycle scam.

Even if the obstruction of business was established, Defendant B was bound to act under the direction of Defendant A (the president of the meeting of occupants at the time) according to the resolution of the meeting of representatives of occupants with the employees of the room for supporting apartment life culture. Therefore, the lawful act is lawful.

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