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(영문) 의정부지방법원 2016.11.08 2016노2498

권리행사방해등

Text

The judgment below

The guilty portion shall be reversed.

Defendant

A shall be punished by a fine of 300,000 won.

Defendant

A The above fine shall be imposed.

Reasons

1. Summary of grounds for appeal;

A. Since it is reasonable to see that the victim possessed a warehouse by mistake of facts or misapprehension of legal principles, the crime of entering a structure and the exercise of rights are committed.

B. The lower court’s suspended sentence of KRW 300,00 (a fine of KRW 300,000) against Defendant A is too unjustifiable and unreasonable.

2. Judgment on the prosecutor's assertion of mistake or misapprehension of legal principle

A. The summary of this part of the facts charged is the person who, as the representative of (ju)G, keeps the hot-brutter in the victim E's warehouse, and the defendant B is the kind of the defendant A.

1) At around 09:20 on September 19, 2015, the Defendants conspired with the victim E in collusion for the use of the instant warehouse on September 19, 2015, and invaded the said structure without the victim’s permission in order to bring up the stormer owned by the Defendant E in the said warehouse. 2) The Defendants interfered with the victim’s right to use the said structure without the victim’s permission, as seen in the foregoing paragraph 1, and caused the invasion into the victim’s warehouse and brought about a considerable amount of 700 airbanes owned by the Defendant under custody. Accordingly, the Defendants interfered with the victim’s exercise of right to use the said stormer occupied by the victim. The lower court determined that the victim did not allow the Defendant A to use the instant warehouse and to enter the storage on February 2, 2015, and the Defendant was free to enter and leave the storage, and supplied the Defendant’s rent to the Defendant Company, and that the victim did not have leased the rent to the Plaintiff.