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(영문) 서울동부지방법원 2016.09.27 2015고정1776
업무방해등
Text

Defendants are innocent.

Reasons

1. The summary of the facts charged is that the Defendants are believers affiliated with K, a religious organization, and the victim L is the president of K N Training Center affiliated with K in Kim Jong-si, the victimO is the chief of the above training center, and the victim P is the facility manager of the above training center.

A. On December 24, 2014, the Defendants violated the Punishment of Violences, etc. Act (joint residential intrusion) entered into the training center without permission of the victims since they came to the above N Training Center managed by the victims.

Accordingly, the Defendants jointly intruded on the structure managed by the victims.

B. From December 24, 2014 to January 6, 2015, the Defendants: (a) installed a vehicle access control device, barriers to prevent entry into the said training center, steel nets, etc.; and (b) prevented the entry of victims, who are the employees of the said training center.

As a result, the Defendants conspired to interfere with the victims' operation of the training center by force.

2. Determination

A. The following facts are acknowledged according to each evidence submitted by the Prosecutor and the Defendants.

(1) Social Welfare Foundation Q (A) Social Welfare Foundation Q (hereinafter “ Q”) is an organization established by K for the sex management and edification projects.

(B) Relevant parts of the articles of incorporation of Q are as follows.

Article 24 (Duties of Officers) (1) The chief director (representative director) shall represent the corporation and preside over the affairs of the corporation, and the standing director shall assist the chief director (representative director).

(2) Directors shall attend the board of directors to deliberate on matters concerning the affairs of the corporation, and shall deal with matters delegated by the board of directors or the chairperson.

Article 28 (Determinations) The board of directors shall deliberate and decide on the following matters:

8. Matters concerning the appointment of the head of facilities installed by the corporation.

9. Matters concerning the operation of facilities established by a corporation, Article 45 (Head of Facilities, etc.) (1) A youth training center shall have one president and one chief of general affairs.

(2) The president.

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