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(영문) 춘천지방법원 속초지원 2013.12.11 2013고단390

권리행사방해등

Text

Defendants shall be punished by a fine of KRW 2,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

B is a person delegated by F Co., Ltd., which completed the registration of ownership transfer as of May 27, 2013, to exercise rights, such as building removal, etc., as of May 27, 2013. Defendant A is a construction business operator entrusted by Defendant B with the removal of buildings, and Defendant G (V, age 51) is a person who leased part of the first floor of the above EM building as of November 2012 and operated H restaurant and convenience store and claimed lien.

1. At around 15:40 on June 10, 2013, Defendant A’s obstruction of the exercise of rights: (a) cut off one of the front door door door doors (a 70cm, vertical 2cm, 1cm thickness) set aside in front of the entrance of the first floor of the above E hotel building; (b) cut off on the same day, around 16:06 on the same day, Defendant A’s obstruction of the exercise of rights, cut down one of the glass window of the H restaurant (a 80cm, 2cm, 1cm thick) with the wind inside the 1st floor of the above building.

As a result, the Defendant interfered with the exercise of rights by the victim by destroying the total amount of KRW 220,000,000 in the market value of the front door door, which is jointly possessed by the victim, and the front door, which is owned by the victim.

2. On June 10, 2013, the Defendants committed the joint crime of the Defendants: (a) around 15:40, before the entrance door of the first floor of the above E hotel building; (b) destroyed the door door door door door door door door door door door opened by Defendant A, as described in paragraph (1); and (c) intruded into the building managed by the victims, etc. by entering the building.

Summary of Evidence

1. Defendants’ partial statement

1. The police statement concerning G;

1. Records of seizure and the list of seizure;

1. On-site photographs and photographs of seized articles;

1. Application of Acts and subordinate statutes concerning investigation reports;

1. Article 323 of the Criminal Act, Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act,