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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2018.08.10 2018노2100
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal revealed that the victim did not receive the content-certified mail, and thus posted the notice of this case following the rules on apartment management and the resolution of the representative council of occupants. The defendant damaged this and suffered great difficulties in the collection of management expenses and other expenses.

However, the lower court rendered a judgment of not guilty on the ground that the Defendant’s act constituted a justifiable act.

2. The lower court determined that the Defendant’s act of removing the notice of this case and tearing the tear constituted a justifiable act under Article 20 of the Criminal Act.

Considering the circumstances cited by the lower court and the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court was justifiable to have acquitted the facts charged of this case.

① The written public notice of this case may be deemed to have been posted to inform the Defendant of the above facts without receiving the mail proving the payment demand of delinquent management expenses and the notice of fractional measures (69 pages of investigation records). If the purpose of posting the written public notice of this case is as mentioned above, the Defendant’s purpose of posting was achieved by reading the written public notice of this case, thereby damaging the written public notice of this case thereafter.

Even if the victim's duty was obstructed, the victim's duty was obstructed.

It is difficult to see it.

(2) The notice of the instant notice was a prior procedure necessary to collect management expenses without demanding the Defendant to make an advance notice of demand and a fractional measure against the Defendant.

However, due to the damage of the notice, the victim was particularly difficult to proceed with the collection procedure in accordance with the management regulations after the damage.

There is no evidence to see.

③ If the notice of this case was made with the intent to psychological pressure in relation to the other occupant beyond the above purpose, the defendant who was disputing the overdue management fee in the lawsuit.

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