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(영문) 의정부지방법원 2018.07.19 2018노448
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant's act constitutes a justifiable act to prevent an unlawful election from being committed against the gist of the grounds for appeal (misunderstanding the facts and misunderstanding the legal principles)

2. "Act which does not violate social norms" under Article 20 of the Criminal Act refers to an act acceptable in light of the overall spirit of legal order or social ethics or social norms surrounding it. Thus, in order for a certain act to constitute a justifiable act, the requirements such as legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance between the legal interests and the interests of the law and the interests of the law, urgency, and supplementary nature that there was no other means or methods than the act (see Supreme Court Decision 2004Do8530, Feb. 25, 2005). In light of the above legal principles, the court below's determination that the above provisional disposition was lawful and investigated by evidence, i.e., the C Apartment occupant representative meeting was dismissed from K on Aug. 3, 2016, 2006; ii) the above provisional disposition procedure was clearly dismissed from the election management committee's appointment of the chairman; and (iii) the above provisional disposition procedure was clearly dismissed from the committee's internal election management.

(3) In such circumstances, the C Apartment Election Management Committee shall cooperate with the defendant on several occasions for the special election of representatives by buildings implemented on September 8, 2016.

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