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(영문) 수원지방법원 성남지원 2016.05.04 2016고정201

권리행사방해

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 17, 2015, when the Defendant was engaged in the business of collecting softs owned by KP, such as D and E, that he was entrusted by the Korea PPPP headquarters (KP; hereinafter referred to as the "KP headquarters") to the C office of business in Korea, the Defendant discovered that four trokes owned by KP headquarters were located in the front of the HP logistics warehouse in Gwangju City, and without the consent of the injured party, he arbitrarily carried it on the BP zone in the 17th day of July 17, 2015.

However, the four boxes were leased and used by the victim from the KP.

Accordingly, the defendant interfered with the victim's exercise of rights in collusion with D and E.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to field photographs, H logistics, and J restaurant ctv sct films of images;

1. The pertinent provisions of Articles 323, 30 of the Criminal Act regarding criminal facts, the choice of fines (the defendant and his defense counsel asserted that there was no intention to interfere with the exercise of rights, since the strike of this case collected by the defendant is only deemed to have been abandoned without permission and collected by the defendant.

However, in light of the fact that the above strike was left alone, but was placed in the logistics warehouse, it can be recognized that the defendant was aware that the logistics warehouse user was properly occupying the above strike, or that he was aware of it at least dolusently).

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the degree of damage is not severe, the damage on the part of the victim is recovered, the criminal intent is somewhat weak, and other matters.