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All appeals by the Defendants are dismissed.
The judgment below
The second sentence in the disposition shall be referred to as the "defendant".
Reasons
1. Summary of grounds for appeal;
A. Defendant A, B, C, and D1) Defendants are the steel structure owned by the victim company (the required materials for new construction of the R building; hereinafter “the steel structure of this case”).
(2) The illegality of the Defendants’ act is excluded as a legitimate act, since it was based on lawful civil lien or exercise of commercial lien. (2) In order to secure a claim against the victim company, the Defendants could not prevent the removal of the instant steel structure from being carried out, and thus, illegality is excluded as a self-help act.
3) On September 7, 201, T, the representative director of the victim company, requested the removal of the steel structure used for the new construction works produced by the Defendants, and “if the construction cost is not paid after the drilling, the Defendants would be able to secure the steel structure of this case.” Thus, even if the Defendants prevented the removal of the steel structure of this case, it would be dismissed as an act with the consent of the victim, and therefore, the judgment of the court below convicting the Defendants of the facts charged of this case is erroneous in the misapprehension of legal principles.
B. Defendant F was not at the scene at the time of committing the instant crime, and there was no conspiracy with Co-Defendant F to prevent the removal of the instant steel structure with Co-Defendant F, Ltd., but the lower court found Defendant F guilty of the instant facts charged.
2. Determination
A. Determination 1 on the assertion that an act is a justifiable act of defendant A, B, C, and D. A person who possesses another person's property under the Civil Act has the right to retain the property until the claim arising in relation to the property is repaid if the claim arising in relation thereto is due (Article 320 of the Civil Act and Article 320 of the Commercial Act and Article 320 of the Commercial Act shall apply to the goods or securities owned by the debtor due to a commercial activity with the debtor until repayment is made.