(영문) 수원지방법원 평택지원 2015.11.27 2015고단766

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(영문) 수원지방법원 평택지원 2015.11.27 2015고단766

권리행사방해등

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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around June 28, 2014, the Defendant leased the said house and its affiliated warehouse, etc. to the victim D with the lease deposit amounting to KRW 30 million, and the lease period from June 28, 2014 to June 28, 2016, and the victim decided to operate the restaurant in the said house, and resided in the said house on the same day.

Nevertheless, around 08:00 on August 13, 2014, the Defendant entered the said house that the victim leased and resided and infringed upon the victim’s residence without the consent of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to the 112 Report Settlement Statements;

1. Article 319 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative fine for punishment;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Around June 28, 2014, the Defendant: (a) leased the instant house and its affiliated warehouse, etc. (hereinafter “instant real estate”) to the victim D in the instant house located in Ansan-si C, with the lease deposit of KRW 30 million; (b) from June 28, 2014 to June 28, 2016; (c) the victim would operate the restaurant in the said house; and (d) the said house was handed over from the same day.

Nevertheless, around 08:00 on August 13, 2014, the Defendant entered the above house leased and resided by the victim without the consent of the victim and removed the wife installed in the above house and the warehouse, which is a building attached thereto, from the name-free father who is unaware of the fact.

Accordingly, the defendant arbitrarily damaged the eaves installed in the house owned by the defendant, which is the object of the right of lease of the victim, and the warehouse which is a building attached thereto, thereby hindering the victim from exercising his rights.

2. Determination

A. The crime of obstruction of one’s exercise of one’s right as provided in Article 323 of the Criminal Act shall be committed by taking, concealing or destroying one’s own property which is the object of another’

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