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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The Defendant was a person supporting Dong-gu Seoul Metropolitan Government C Apartment 207, in which the Defendant resides, and other Dong representatives in the Gangseo-gu Complex decided to dismiss D on February 17, 2012.
D was dissatisfied with the above decision, and on April 5, 2012, voting was conducted to support and reflect the maintenance of the representative status of D with respect to the same resident on April 5, 2012.
Victims E (ma, 64 years old) and eight other members of the above voting shall be members of the management of the voting.
At around 15:20, the Defendant brought four ballot papers (No. 37, 38, 39, and 40) posted on the books of voting management members in front of the above apartment elevator 207, and interfered with voting management affairs for the removal of the victim and eight representatives D by force.
2. Determination
A. (1) In the crime of interference with business, the term “competence” in the crime of interference with business means all the forces capable of suppressing and mixing a free will of a person, and is not tangible or intangible. As such, violence, intimidation, as well as social, economic, and political status and pressure based on royalty, etc. are included therein, and in reality, the victim’s free will is not required to be controlled. However, in light of the offender’s status, number of persons, surrounding circumstances, etc., it refers to the force sufficient to suppress the victim’s free will. Thus, whether it constitutes force ought to be determined objectively by taking into account all the circumstances, such as the date and place of the crime, motive, purpose, number of persons involved in the crime, form of force, type of duty, type of duty, and the status of the victim.
(2) According to the records of this case, the Defendant’s act merely brings four ballot papers on the book of the polling station, and did not have any violence, intimidation, exercise of tangible power, pressure by social and economic status, or right, etc. In addition, it is deemed that there was a force sufficient to suppress the victim’s free will by voting management members.