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(영문) 서울서부지방법원 2017.01.12 2016노761
무고등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. A. It is procedurally unlawful to resolve that the G church’s resolution prohibiting Defendant from attending the joint conference of the above church on June 18, 2014 by misunderstanding of facts or misunderstanding of legal principles is invalid.

Therefore, the defendant's act of bringing an issue with respect to such unfair resolution by attending the vertical council and the joint council in the holding of the court below is not only a threat of interference with business affairs, but also a justifiable act that does not violate the social rules and is not illegal.

In addition, there was no demand for withdrawal from E, and there is no defendant's failure to comply with it, so it does not constitute a crime of refusing to withdraw.

Nevertheless, the judgment of the court below which found the defendant guilty of obstruction of business and non-compliance with the eviction of the facts charged of this case is erroneous by misapprehending the legal principles.

B. The sentence of the lower court’s wrongful assertion of sentencing is too unreasonable.

2. Determination as to the misapprehension of facts or misapprehension of legal principles

A. Of the facts charged in the instant case, the Defendant, as the believers affiliated with the G church, was excluded from the appointment of the office of a member on November 23, 2012 of the G church, by a resolution of the church council on November 23, 2012, and was disqualified from the appointment of the office of a member on June 18, 2014 (hereinafter “instant resolution of the church council”) from the authority to attend various meetings, such as regular church meetings and joint council meetings held in the said church (hereinafter “instant resolution”).

Nevertheless, the Defendant, at around 20:45 November 26, 2014, attended the meeting without authority, to the victim E (hereinafter referred to as “E”) who is a member of the above church, who is a member of the said church held the meeting (hereinafter referred to as “E”) and who is a member of the said church held in the meeting, after attending the meeting to handle the agenda of “2015 budget (within 2015) and the personnel of the department in charge of the removed assembly ( inside) and three cases held at the headquarters of the G church located in Gangnam-gu Seoul Metropolitan Government F.

As the law requires H. D., it interferes with E’s conference progress by force, such as avoiding disturbance and avoiding disturbance, and leaves the conference room.

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