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(영문) 서울동부지방법원 2017.10.26 2017노867

업무방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which held the defendant's act as justifiable act is erroneous in the misapprehension of legal principles, which affected the conclusion of judgment.

2. The Defendant: (a) around 18:00 on August 20, 2016, on the ground that the victim E, the lessee of the said plastic house, did not pay rent for six months at the D (the plastic house) located in Gangdong-gu Seoul Metropolitan Government, the Defendant: (b) prevented the Defendant from entering the said plastic house by locked the outer entrance door of the victim’s place of business by locking it with a chain.

Accordingly, the defendant interfered with the victim's plastic business by force.

3. The lower court and the lower court determined as follows: (a) at the time of the Defendant’s use of land by the victim, the victim agreed with the victim that “if the victim has delayed payment of usage fees, electricity charges, etc. for at least two months, the land use contract is terminated, and no objection is raised at the entrance blocking, etc. in such cases; (b) the victim did not pay usage fees, electricity charges, etc. from January 2016; and (c) around March 3, 2016, the Defendant issued a letter stating that “if the plastic house is not paid by March 15, 2016, no objection is raised even if it is closed,” the victim could not pay it by the said deadline; and (d) the victim prepared a written agreement with the Defendant on March 16, 2016 that “the land use contract is terminated on April 30, 2016; and (d) the victim did not voluntarily close the door to the Defendant’s use of the said land and did not return it to the Defendant’s greenhouse.