권리행사방해등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The lease contract between the Defendant and the victim on the instant room was terminated on December 13, 2017, and the victim completed the said director in the room around that time.
In addition, when the defendant told F residing in the same floor as the victim that the victim was a director, and entered the room actually, he thought that the victim had already been a director because he did not live in the kitchen, and his well-known computer had never been a director.
Therefore, since the victim's right to possess and the right to lease of the instant room had already been extinguished at the time of the instant case, the crime of intrusion upon residence and the exercise of rights is not established, and even if not, the Defendant did not have intention to intrude upon residence.
B. The locks of the instant room, which the Defendant cut by mistake of facts as to the damage of property, are installed from the time when the above room was leased to the victim, and it does not constitute the ownership of the victim since it was not newly attached to the victim.
C. The lower court’s sentence of an unreasonable sentencing (two million won of fine) against the Defendant is too unreasonable.
2. Judgment on the grounds for appeal by the defendant
A. Comprehensively taking account of the following circumstances revealed through evidence duly adopted and examined by the lower court as to the assertion of misunderstanding of legal principles as to the admission to residence and obstruction of exercise of rights, the victim occupied the instant room on December 14, 2017, and the Defendant may fully recognize the fact that he/she entered the said room without obtaining the consent of the victim, even though he/she is well aware of the above fact.
Therefore, the defendant's above assertion is without merit.
1) On August 14, 2014, the victim decided to lease the instant room from the Defendant, without a deposit, KRW 200,000,000,000 (the instant room was leased on August 14, 201), and the said lease was renewed on August 14, 2016.
The injured party shall each month until November 14, 2017.