(영문) 인천지방법원 2014.08.29 2014노1644 | 리걸엔진

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(영문) 인천지방법원 2014.08.29 2014노1644

업무방해

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) On October 21, 2013, the apartment of Kimpo-si, Kimpo-si (hereinafter “instant apartment”) opened in Kimpo-si on October 21, 2013

A) A resolution was passed to dismiss the victim from the office of the chairman of the council of occupants' representatives of this case. The instant apartment election commission decided to dismiss the victim from the position of the chairman of the council of occupants' representatives of this case from the next day of November 11, 2013. Therefore, the Defendant did not have any awareness that he would interfere with the duties of the chairman of the council of occupants' representatives of this case. (2) The Defendant did not have any awareness that he would interfere with the duties of the chairman of the council of occupants' representatives of this case, since he thought that the vice-chairman of the council of occupants' representatives of this case was the chairman of the council of occupants' representatives of this case and tried to preside over the meeting.

B. Even if the Defendant is found guilty of an unreasonable sentencing, the lower court’s punishment (fine of KRW 700,000) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the following facts can be acknowledged.

1) On September 3, 2013, the victim assumed office as the chairperson of the council of occupants' representatives and performed his duties as the chairperson. The defendant is the vice-chairperson of the council of occupants' representatives of the apartment of this case. 2) On October 16, 2013, 10 of the 19 members of the council of occupants' representatives proposed a proposal to dismiss the victim, and accordingly, on October 17, 2013, the victim announced that the council of occupants' representatives will be held on October 21, 2013 to deal with the agenda for dismissal of the chairperson of the council of occupants' representatives.

3. On October 21, 2013, the council of occupants' representatives held on October 21, 2013, the chairman and the chairman of the council of occupants' representatives were removed from the agenda ex officio, and the remaining nine members of the council of occupants' representatives were elected as the chairman.

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