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(영문) 대법원 1989. 3. 14. 선고 87도3674 판결

[업무방해,폭력행위등처벌에관한법률위반,재물손괴][공1989.5.1.(847),637]

Main Issues

(a) The case holding that the act of avoiding entry by the construction work executor does not constitute the crime of interference with business;

Summary of Judgment

A. Even if Company A acquired a construction right from the representative of the creditor group of Company B, who had constructed a construction work, if it seeks to continue the construction work without having received the construction site through lawful procedures, it cannot be said that Party A prevented Party A from entering the construction site on the ground that it controlled Party A’s legitimate business.

B. The act of Gap company's act of exercising its power at the construction site of Eul and setting up a banner and a signboard and putting letters on the wall is likely to obstruct Eul's construction and possession at the construction site, and thus, it is an infringement of the current legal interests of Eul, and thus, it is reasonable to view Eul's act as a defense against the infringement.

[Reference Provisions]

(a) Article 314(b) of the Criminal Act;

Escopics

Defendant

upper and high-ranking persons

Prosecutor

Judgment of the lower court

Incheon District Court Decision 86No939 delivered on September 3, 1987

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

Examining the reasoning of the judgment below comparison with the construction site records, it is reasonable to view that the defendant's act of installing a new building of the third floor above the ground surface on the three lots of land of this case by being awarded a contract with the maximum f44,00,000 won for the construction of the building of the third floor above the ground surface, and was transferred all rights, such as the right to sell the building above, due to the failure to receive construction cost, and thus, it cannot be viewed that the defendant's act of acquiring the right to take over the above two lots of land without any justifiable reasons to believe that the creditor who provided materials or money to the defendant in the above construction process constitutes the creditor group, and there is no violation of the rules of evidence against the defendant's right to take over the above construction site, and therefore, it cannot be viewed that the defendant's act of acquiring the right to take over the above construction site without any justifiable reasons, and there is no violation of the rules of evidence against the defendant's right to take over the construction site and there is no violation of the rules of evidence.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Ansan-man (Presiding Justice)

심급 사건
-인천지방법원 1987.9.3.선고 86노939