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(영문) 인천지방법원 2018.03.30 2017고정2201
업무방해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the owner of Bupyeong-gu Incheon Metropolitan Government apartment B apartment C, and is elected on September 8, 2016 by the Dong representative of the apartment D and the chairperson of the tenant representative council.

On November 15, 2016, the Defendant passed a resolution for dismissal at the representative meeting of occupants on the grounds of the abandonment of duties and the operation of the representative meeting of occupants. On November 21, 2016, E, appointed as the proxy of the chairperson of the representative meeting of occupants of the said apartment building on the bulletin board of the said apartment building and the bulletin board of the elevator, attached a public notice on the following items: “The result of the 'B apartment resident's dismissal A weather dismissal by the chairperson of the representative meeting of occupants of the B apartment apartment,” “public notice on the removal of A weather by the chairperson of the representative meeting of occupants of the apartment complex,” “election by proxy of the representative meeting”. “Guidance on the repair of defects, 2D,” and “provened

On November 23, 2016, the Defendant removed the public notice “the result of the foregoing apartment bulletin board and the elevator bulletin board” attached to the “B apartment resident’s representative chairperson Am dismissal”, “B apartment resident’s representative chairperson Am dismissal notice”, and “the appointment of Empis by proxy of the representative chairperson of the representative council”. On November 29, 2016, the Defendant removed the notice “the guidance for repair of defects that are F. 2Ra,” and removed the notice “the notification to the residents” on December 14, 2016.

Accordingly, the Defendant interfered with the management and public announcement of the apartment management of B apartment occupants' representative meeting by force.

2. Determination

(a) the threat of force, which is the means to interfere with the task, means any means of suppression or confusion of a person’s free will, which may also include indirectly exercising through a third party the right of freedom;

However, if it can be deemed that an actor exercises legitimate authority as a result of a certain act, barring special circumstances, such as the content, means, etc. of such act cannot be permitted in light of social norms, it constitutes a crime of interference with business.

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