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(영문) 서울동부지방법원 2015.11.13 2015노777
업무방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The collection of management expenses by a victim of mistake of facts or misapprehension of legal principles is not worthy of protection under the Criminal Act, and there is no intentional or abuse of power, and even if the elements of the crime of interference with business are met, illegality is excluded as legitimate acts.

In addition, Defendant B did not know well about the instant obstruction of business and did not participate in Defendant A’s act.

B. The lower court’s sentence against the Defendants (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 2 million) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence produced by mistake of facts or misapprehension of legal principles, the lower court rejected the Defendants’ defense suit and found the Defendants guilty of criminal facts.

(A) Whether the business receiving management expenses of a victim is worthy of protection under the Criminal Act or not (1) Provisional disposition to determine temporary position is a preservative measure to grant the right holder temporary status and avoid such damage or imminent danger in cases where there is a current legal relationship or legal relationship between the parties, and the progress of the phenomenon is left unattended until a final and conclusive judgment has been rendered, if it is left alone, it may cause serious damage or imminent danger to the right holder, and even if it is obtained a final and conclusive judgment in the future.

The provisional disposition decision of this case was made under the judgment that, in light of the purpose of the provisional disposition decision and purpose of the system, the victim is deemed to be a legitimate administrator for the officetel of this case, and that if the F.B. established by the defendants distributes the inducements for the payment of management expenses and leaves the phenomenon of receiving management expenses, it may cause significant damage to the victim. Thus, the provisional disposition decision of this case

The victim and the Defendants.

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