beta
(영문) 서울서부지방법원 2018.12.07 2018고정466

권리행사방해

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 22, 2010, the defendant operated the LOI car in Seodaemun-gu Seoul Metropolitan Government, and leased D the EOI car owned by the company.

D When the said car was damaged due to a traffic accident while driving the said car, around August 19, 2018, the victim G operator of Seongdong-gu Seoul Metropolitan Government H car industry operated by the victim G operator in Seongdong-gu, Seoul, requested repair to complete the repair. The victim did not receive the repair cost of KRW 4,491,190 and kept two wheelss of the said car in front of the said industrial company. Thus, the victim had a lien equivalent to the said repair cost for the said car.

Nevertheless, on May 1, 2011, the Defendant, along with the towing engineer around 01:00, towed the said vehicle in front of the said industrial company, and obstructed the exercise of the rights by the victim by taking his or her own property, which is the object of the victim’s possession or right.

Summary of Evidence

1. Legal statement of witness G;

1. Data to be submitted by an complainant (applicable to a certificate of scheduled vehicle repair cost, written estimate of general repair cost, and written estimate of automobile inspection and maintenance);

1. Relevant Article 323 of the Criminal Act concerning a crime. Article 323 (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;