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(영문) 광주지방법원 2015.10.08 2014고정1918
권리행사방해
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of the facts charged: (a) around December 5, 2013, the Defendants entered into a “I Project” contract with the HGun Office in Jeonnam G; (b) and (c) let the J-related persons without knowledge of the aforementioned circumstances move the number of capacity (the owner) 7gs, 1gs, turfs, and turfs, and soil, which were installed in the course of carrying out landscaping projects into budget by the HGun Office; and (d) regardless of the opposition, such as the representative L of the victim K-based corporation, the occupant.

As a result, the Defendants conspired to collect the above objects which are the object of the victim's right to possess, thereby hindering the victim's exercise of rights.

2. The crime of obstruction of another’s exercise of right under Article 323 of the Criminal Act is established by interfering with another’s exercise of right by taking, concealing, or destroying one’s own property which is the object of another’s possession or right. Therefore, there is no room to establish a crime of obstruction of exercise of right if an article

(2) Article 18(1) of the Criminal Procedure Act provides that “The Defendants shall not exercise their rights, and the Defendants shall not exercise their rights, and the Defendants shall not exercise their rights, and the Defendants shall not exercise their rights, and the Defendants shall not exercise their rights, and the Defendants shall not exercise their rights, and the Defendants shall not exercise their rights, and the Defendants shall not exercise their rights.”

On the contrary, according to the facts charged in the instant case that the Defendants were taking the above goods on behalf of H group as public officials belonging to H group, according to the witness M, N’s legal statement, I report on the results of projects, O’s self-audit results notification, etc., H-Gun self-audit conducted around August 30, 2013, the head of the Culture and Tourism Department, which was conducted around August 30, 2013, demanded a separate treatment plan for civil petitions arising from the planting of land, for which the procedures for selling military property are in progress, was formulated, to handle civil petitions as soon as possible, and to submit the results thereof.

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