(영문) 서울중앙지방법원 2020.11.05 2019노4217

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(영문) 서울중앙지방법원 2020.11.05 2019노4217

업무방해

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The judgment of the court below is reversed.

A defendant shall be punished by a fine of KRW 500,000. If the defendant pays the above fine.

Reasons

1. As to the lower court which acquitted the Defendant on the ground that the gist of the grounds for appeal cannot be deemed to have interfered with the affairs of the election commission, the court shall request a new judgment by partially modifying the indictment.

2. The ex officio determination prosecutor applied for changes in the contents that the victim of the crime of interference with business in the instant case to the “election commission’s council of occupants’ representatives” and the form of the act was changed from the “defluence” to the “defluence”, and the subject of the judgment was changed by the

Therefore, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

[Grounds for the judgment of multiple times] The criminal defendant is a person who was working as the chairperson of the Seocho-gu Seoul Metropolitan Government B apartment (hereinafter “instant apartment”) from September 2, 2017 to May 27, 2018.

On May 28, 2018, the Dong representatives of the apartment in this case removed the defendant, who is the president of the council of occupants' representatives, from the office for common facilities for residents living in the apartment C-dong, and held a special meeting on the agenda to be selected D at the new president. The defendant, who is the result, posted a notice on the contents of the public notice on the dismissal resolution of the defendant (hereinafter "the notice in this case"), did not collect it and received it to interfere with the business of the council of occupants' representatives.

On May 30, 2018, the Defendant collected the instant notice from around 13:13 to 13:17, posted on seven elevator units of the above apartment from around 13:17, and prevented apartment residents from viewing the notice of the contents dismissed from office as the president of the council of occupants' representatives, thereby obstructing the duties of the council of occupants' representatives.

Summary of Evidence

1. Part of the trial of the defendant;

참조조문

-형사소송법 제364조 제2항

유사 판례

-광주지방법원 순천지원 2015.07.01 2015고정130

-서울동부지방법원 2015.01.16 2014고정1753

-서울중앙지방법원 2013.05.31 2013고정1032

-수원지방법원 안산지원 2013.04.12 2012고정2132

-서울남부지방법원 2013.04.11 2012노2060