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(영문) 서울북부지방법원 2014.11.07 2014노1003
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) Since interference with the business of this case is a common facility that only the occupants and users of the apartment of this case are entitled to use the apartment of this case under the Housing Act, the victims who are other apartment residents do not have the right to manage it, the management of the test of this case does not constitute a work worth protecting under the Criminal Act, and the defendant did not engage in the same conduct as the facts charged of this case in order to prevent the victims from using the test of this case based on the above judgment, and therefore, there was no intention of interference with the business. 2) The defendant did not have any injury to the victim.

B. The sentence imposed by the lower court (two months of imprisonment and two years of suspended execution) is too unreasonable.

2. Determination

A. 1) In the case of interference with business under the Criminal Act, "business" subject to the protection of interference with business under the Criminal Act refers to a business or business that is engaged in an occupation or continuously, which is worth protecting from infringement by another person's unlawful act, and it does not necessarily have to be lawful a contract or administrative act, etc. which is the basis of the business. However, where a certain business or activity itself has reflect sociality to the extent that it is considerably unreasonable in social life due to its serious degree of illegality, it cannot be viewed as "business subject to protection of interference with business" (see, e.g., Supreme Court Decision 2001Do5592, Aug. 23, 2002). According to the evidence duly adopted and examined by the court below and the following circumstances that can be recognized by the above, according to the Nice Management Regulations, the Nicehead of this case manages it at the SH Corporation Integrated Management Center and operates it at the Management Office, and is allowed to entrust management to the Association, and the subject of use of the License of this case.

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