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(영문) 대전지방법원 2013.11.06 2013노951
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of all the circumstances, including the fact that the Defendants interfered with the site site conference by force without undergoing lawful procedures and thus the nature of the crime is not good, and that the agreement with the victim is not reached, the summary of the grounds for appeal (e.g., a fine of KRW 500,000 (each fine of KRW 2,00,000) that the court below made against the Defendants is too uneasible.

2. The crime of this case is established when the defendants, at the time, committed the crime of this case by the victim F, who was the chairperson of the tenant representative of the apartment building E of this case, had all representatives of the companies participating in the committee on the site on the ground that the victim F, without going through the audit and consultation, had all the site site representatives take the site site consultations to select the entrusted management service company without any consultation with the auditor. The defendants were found to have committed the crime of interference with the business by interfering with the disturbance, such as passing sound on the site of this case, without going further, even though they could take legal measures through an objection or provisional disposition, if the victim's site site consultations were unfair.

However, the Defendants are not personal interests, but for common interests of the instant apartment E, and there are circumstances to consider the circumstances. The site descriptions of the instant case were illegal, resulting in substantial damage to the Defendants’ act. Although Defendant A and B had been punished by a fine several times, they did not have any record of being punished for the same kind of crime. In full view of all the circumstances, including the Defendants’ age, character and behavior, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the sentence of the lower court is adequate and too unreasonable.

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