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(영문) 수원지방법원 2017.08.28 2016노8543
업무방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant believed that a misunderstanding of fact was elected as the president of the association according to normal procedures, and committed each procedural act as indicated in the judgment below, and thus, had the intention to obstruct the Defendant’s business.

Although it cannot be seen, the lower court erred by misapprehending the facts charged in the instant case.

B. The sentence sentenced by the lower court against the Defendant (an amount of five million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed through the evidence duly adopted and investigated by the lower court’s judgment as to the assertion of misunderstanding of facts, the Defendant, even though he was aware that the Defendant was not elected as the head of an association in accordance with the legitimate procedure prescribed by the management rules of an association (hereinafter “association”) as indicated in the holding of the lower judgment, thereby obstructing the victim’s head of the association by arbitrarily engaging in each act of litigation as indicated in the lower judgment and by force, using the fact that the Defendant was not elected as

It is reasonable to view it.

Therefore, the judgment of the court below that found all of the charges of this case guilty is just and acceptable, and there is an error of law by misunderstanding the facts as pointed out by the defendant and affecting the conclusion of the judgment.

Therefore, this part of the defendant's argument is without merit (the court below considered the charge of this case as a obstruction of business through deceptive means, but the obstruction of business under Article 314 (1) of the Criminal Act is established when a person interferes with business by deceptive means or by force, and the "defensive means" in this context means causing mistake, mistake, or land to the other party in order to achieve the purpose of the actor's act, and the "power" means any force that may suppress and confuse a person's free will, and thus, it is not an assault or threat, as well as an assault or threat.

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