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(영문) 춘천지방법원 원주지원 2019.11.22 2019고정210

권리행사방해

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

The Defendant is a director of the “B Promotion Committee” at the prime city, and the victim C is the representative director of the Dispute Resolution Co., Ltd., and around June 8, 2017, the said union and the agency service contract are concluded, and according to the said contract, the said union and the head of the Dong-si establishes a about 8 square meters office in the Housing Promotion Center of the said union located in E, and occupies the office and performs the housing sale business in the office.

On September 2018, the Defendant sought to remove the above Housing Publicity Center, but the victim who occupied the above office located in the said Housing Publicity Center did not cooperate with it, and the Defendant had the intent to remove the said victim’s office without the consent of the victim.

On September 6, 2018, the Defendant instructed the F (the same day) to remove the victim’s office to remove the victim’s office in accordance with the direction of the above Defendant, which is the removal business operator who entered into the contract for removal of the said housing promotion center with the said union and the said association (the suspension of indictment on the same day), and F ordered G, etc. to remove the victim’s office in accordance with the order of the said Defendant, and as a result, G entered the said office with an even number of the victim’s office corrected, and removed the building walls of the said office with the removal equipment, such as dust, etc.

As a result, the Defendant conspired with F, and thereby interfered with the exercise of the rights of the victim by destroying the above victim's office, even if or not, the victim's possession.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the suspect by the prosecution against the defendant or F;

1. Statement of each police statement related to C and H;

1. Application of statutes governing office photographs, photographs after removal, each investigation report, recording records of telephone conversations, and criminal records;

1. Article 323 of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;