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| TITLE | Seoul Northern District Court Decision 2023No1593 Decided January 19, 2024: Final 【Obstruction of Business/False Accusation/Assault】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 The Defendant, an owner of a store in a commercial building, verbally and physically interfered with the work of the building manager, swearing at him in the office of the building management office regarding the imposition of maintenance fees and delinquent payments, shoved and assaulted the manager who was trying to leave the management office, and falsely reported to the investigative agency that the Defendant himself was assaulted by the manager. The first trial court found the Defendant guilty of this offense and admitted into evidence a video and screenshots of the CCTV playback (re-recorded materials), which were recorded by the manager on his cell phone in the building management office. The Defendant appealed and challenged the admissibility of the re-recorded materials, arguing that they were arbitrarily manipulated and edited and therefore inadmissible. In relation to the original CCTV video file, the re-recorded materials were not copied by electronic means, but are themselves the original of the re-recorded materials. The court rejected the Defendant's argument and dismissed the appeal, holding that the re-recorded materials were admissible under the circumstances. | |
