beta
(영문) 부산지방법원 2016.10.20 2015고단8805

권리행사방해

Text

1. Defendant A is not guilty. 2. Defendant B is punished by imprisonment with prison labor for one year.

except that this judgment.

Reasons

Punishment of the crime

[Attachment] From June 1, 2012 to May 31, 2014, the victim FF leased 77 square meters from the building located in Busan H (hereinafter “instant building”) located in Seo-gu, Busan for two years from June 1, 2012 to May 31, 2014, to set up 1.1 million won per month, and opened 8 lecture rooms at 1.1 million won per month, and operated the “I Institute of Private Teaching” and continued to operate the said private teaching institute even after May 31, 2014.

A around October 25, 2014, at the request of Defendant B, who was the former husband, purchased the whole building of this case from the above G, and Defendant B, upon delegation from Defendant B, performed the construction of the whole building of this case from November 2014 to the third floor of the building of this case, and around November 201, 2014 between the victim and the third floor of the building of this case, agreed to open three lecture rooms (No. 201, 202, and 203) within the 20th floor of the building of this case and allow the victim to use the whole building of this case until the completion of the construction of the elevator of this case.

【Criminal Facts】

-Defendant B’s crimes;

1. At around 07:00 on April 9, 2015, Defendant B entered a 2nd floor of the instant building into a private teaching institute or corridor, and opened an entrance under 201, 202, and 203 of the victim’s lecture room for the victim, who did not correct together with 10 members of the 2nd floor of the instant building, and intruded three of the victim’s above lecture room.

2. Defendant B’s obstruction of business: (a) from around 07:00 on April 9, 2015 to April 14, 2015, the victim F from around 15:00 on April 9, 2015 to around 21:00 on the same day during the same hour, Defendant B’s threat by: (b) having the victim enter the above lecture room and the chair; (c) preventing the victim from being demoted to 50 students in the above lecture room by means of opening the lecture room on the ground that the fire-fighting work is performed; and (d) preventing the victim from being demoted to 50 students in the private teaching institute in the above lecture.