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(영문) 서울북부지방법원 2020.11.27 2020노1446
업무방해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Since misunderstanding of facts and misunderstanding of legal principles can supervise and instruct the management of affairs of the office or full-time directors of the partnership with the delegation of authority for the president of the partnership, the defendant can not interfere with business.

Furthermore, because the F has deducted the list of union members, it is derived from the connection line of Nomt North Korea.

Therefore, there was interference with business.

The Defendant cannot be deemed to have had intention to interfere with business, and the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles.

The sentence of the lower court on unreasonable sentencing (one million won of fine) is too unreasonable.

Judgment

In light of the following facts that can be acknowledged by the evidence duly adopted and investigated by the court below, and the circumstances that can be known therefrom, the defendant can recognize the fact that the defendant interfered with the business of the victim C who is worthy of protection under the Criminal Act by removing a computer monitor cable as stated in the facts of the crime in the court below, and the defendant should also have the intention to interfere with the business.

The place where the crime of this case was committed is the office of the B Housing Redevelopment Project Association with the second floor of the building D in Dongdaemun-gu Seoul Metropolitan Government.

J is the president of the above partnership, while the victim is a director of the above partnership (Evidence No. 12). The defendant is a person acting for the president of the B Special General Meeting, and did not serve as the representative or director of the above partnership.

In light of these circumstances, it does not seem that the defendant has the authority to direct and supervise the executive officers of the above union or employees performing duties under the agreement with the above union.

In the statement written by the victim on September 5, 2019, "low" was working on the second floor of the Dongdaemun-gu Seoul Metropolitan Government D Building.

On September 5, 2019, at around 11:00, the defendant has a large influence on the partnership's office.

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