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(영문) 서울서부지방법원 2018.09.06 2018노324
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant did not prevent or instruct another person to block the electricity and water supply to the sports center directly operated by the victim; and (b) according to the result of the residents’ voting conducted, the Defendant was the chairperson of the representative meeting of the occupants of the apartment complex who was taking measures to block the power or water supply to the said sports center by the strong pressure of some residents, and was only engaged in implied witnessing at the site, but the lower court found the Defendant guilty of the facts charged

2. Determination

A. Although the lower court also asserted the same purport as the grounds for appeal, the lower court determined that the Defendant was guilty of the instant charges by rejecting the Defendant’s assertion on the following grounds: (a) comprehensively taking account of the following facts as indicated in its reasoning: (b) the Defendant, at the time of the prosecutor’s investigation, posted a letter stating that “the suspension of a short and short-term measure on July 30, 2016” was carried out on the part of the complainant and provided a short-term and short-term period on August 1, 2016; and (c) the Defendant was the Defendant’s strategic judgment for receiving the higher percentage of the management fees; and (d) recognized by the adopted evidence, based on the fact that the Defendant interfered with the victim’s operation of the sports center as described in the facts charged.

B. Examining the judgment of the court below in light of the evidence duly adopted and investigated by the court below in the trial at the above trial, the court below's finding and determination of facts is just and acceptable. In other words, the defendant made a statement at the prosecutor's office to the effect that the defendant's act of entering in the facts charged of this case by making a statement as decided by the court below, and the above statement is different from the legal statement.

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