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(영문) 제주지방법원 2017.10.19 2016노727
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal doctrine) C transferred the resident registration of G apartment from January 1, 2014 to D apartment (hereinafter referred to as “instant apartment”) 208 Dong representative, while working as the Dong representative, and lost the qualification of the representative of each Dong by re-transfering into the instant apartment.

Therefore, even if C was elected as Vice-Chairperson from a special meeting on August 18, 2014 at the meeting of the occupants representative of the instant case on behalf of the Chairperson from September 1, 2014, as long as C is already disqualified as the representative of the said meeting, it cannot be the subject to the performance of the duties for the Chairperson as long as C is already disqualified.

In addition, since the defendant performed all duties with the official seal, passbook, and seal of the meeting of the representatives of occupants of this case, C was unable to perform all duties on behalf of the chairperson.

Therefore, from the beginning to the beginning, he was not authorized to act as the president.

In fact, C did not perform any duties as the Chairperson’s agent, and C’s duties are only requested by the Defendant to return the seal impression, official seal, etc., so the victim C’s duties cannot be deemed to be “the duty of protection value”, which is the object of interference with business, as stated in the facts charged.

2. Determination

A. "Business" subject to protection under the relevant legal principles under the Criminal Act is an occupation or a continuous business engaged in an occupation or a business worth protecting another person from invasion by an unlawful act. Since such business is not necessarily necessary to be lawful or valid, whether it is a business worthy of legal protection is determined depending on whether the business is actually formed in a peaceful manner and is based on social activity. Even if there are substantive or procedural defects in the process of commencement or performance of the business, the degree is so anti-sociality or is equivalent in terms of legal protection.

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