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(영문) 서울남부지방법원 2017.06.23 2017노131
업무방해
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding, misunderstanding of the legal principles, the Defendant, in 2014, had already secured the right to participate in the final conference to select the representative players of the State in 2014 and the 3rd players of the State in 2013 who had already been participating in the instant conference, sent concerns to J, M’s CocoR, and S upon filing an objection.

Accordingly, even to the three representatives of the State, R&D voluntarily renounced the participation of the relevant players in the participation of the relevant players, and the Defendant did not exercise the power to waive the participation of T, R, S, etc. for the purpose of having K and N win the participation.

In addition, since Korea J and M had a problem of eligibility to participate in the instant games, the Defendant did not interfere with the business operation of the Victim Association due to the above actions by the Defendant, and there was no intent to interfere with the Defendant’s business.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. The summary of the facts charged in the instant case [basic facts] The Defendant served as the managing director of E, an incorporated association, from April 2, 2013 to May 14, 2014, and took overall control of the overall tasks of the Association and the operation of the Games organized by the said Association.

From November 12, 2013 to November 15, 2013, the victim hosted “H Games” in G in Jinjin-gun F (hereinafter “instant Games”). According to the lecture of the instant Games, the first winner was granted the right to participate in the 2014 National Act, and the third winner was granted the right to participate in the 2014 National Act.

After the instant competition was in progress, M and N were to enter the J, K, and female LW before the winning of the instant competition.

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