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(영문) 대전지방법원 2020.01.23 2018노3158
업무방해등
Text

The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal: misunderstanding of facts and misapprehension of legal principles and unreasonable sentencing

A. Chapter 4 of this part of the facts charged, including a written public notice, etc. (hereinafter “instant documents”), which the Defendant removed with respect to obstruction of business and damage to property due to removal of public notice, etc.

) The “F service number” is not a document owned by the victim E, but a “F service number” (hereinafter “instant change”).

(C) Since the Defendant’s removal of the instant documents was merely an illegal inducement object owned by the Director G of the Management Office, the Defendant’s removal thereby constitutes “C” (hereinafter “the instant commercial building”) under the status of “large-scale store manager” as prescribed by relevant statutes, such as the Distribution Industry Development Act.

(2) At the time of the Defendant’s act of interference with the business of removing illegal inducements, as stated in the facts charged, the victim E did not have legitimate management authority over the commercial building of this case. Even if he had legitimate management authority over the commercial building of this case as a superstore manager, he does not have the management authority over the common use area of the commercial building of this case. Under this circumstance, the Defendant’s act of distributing the notice of payment of management expenses concerning the commercial building of this case in the position of the manager of the commercial building of this case cannot be deemed to interfere with the business of the victim E, in the position of the manager of the management office under the Act on the Ownership and Management of Aggregate Buildings Concerning the Commercial Building of this case (hereinafter “the management office of this case”).

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. An ex officio determination prosecutor shall be conducted at the trial of the court below.

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