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(영문) 대구지방법원 김천지원 2016.02.18 2015고정726
업무방해
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who manages a market parking lot in Kimcheon-si.

Defendant from around 18:00 on May 11, 2015

5. From 15:00 until 14.15:00, the victim E, parked in the parking lot in Kimcheon-si, Kimcheon-si, the victim E, in front of the F vehicle of the victim E, who parked in a place other than the parking space, prevented the victim from driving the vehicle.

2. The defendant and his defense counsel did not dispute the facts of the facts charged, but it is argued to the effect that it is not illegal as a justifiable act to collect the parking fee in arrears from the injured party. Even according to the statement protocol with respect to the injured party, even if there is a dispute about the specific amount, it seems clear that there was a parking fee in arrears for the injured party at the time of the time, and that the defendant secured possession of the injured party's vehicle was parked in the parking lot managed by the injured party. Thus, the possession is legitimate because the defendant's securing possession of the injured party's vehicle was done by parking in the parking lot managed by the injured party. The claim related to the storage of the object for parking expenses is a claim related to the preservation of the object, so long as the object is identical, not only the parking fee for the relevant day but also

Since there is no evidence to see that there is no evidence, the defendant's attraction of the victim's vehicle in arrears with parking expenses for the collection of parking expenses, which led to the result of hindering the victim's business using the above vehicle.

Even if the defendant's exercise of the right of retention is justified, and otherwise, the defendant interfered with the defendant's business unlawfully.

There is no evidence to prove that there is no evidence.

3. According to the conclusion, the facts charged in the instant case constitute a case where the facts charged do not constitute a crime, and thus, it is so decided as per Disposition by deciding not guilty under the former part of Article 325 of the Criminal Procedure Act.

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