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The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. The summary of the facts charged is that the Defendant is a director of the I (hereinafter “I”) corporation operating and managing the H in Seongbuk-gu Seoul Metropolitan Government, and the following day from July 6, 2012 to July 23:00.
7. From 03:00 to 00, the victim high-priced Korea Co., Ltd. (hereinafter “victim”) leased and operated the above store at the above H 1st floor J has interfered with the victim’s business operation by force by moving the said store from the existing 1st to the 3rd floor on the ground that the victim could not respond to the transfer of the said store from the existing 1st to the 14th floor warehouse.
2. The judgment of the court below
A. For the following reasons, the lower court found the Defendant not guilty on the grounds that the instant facts charged constituted a case that does not constitute a crime.
B. According to the evidence duly adopted and examined by the lower court, the Defendant appears to have moved the victim’s house and goods, etc. as stated in the facts charged after the instant lease contract was terminated on June 30, 2012, and in light of the circumstance, process, and specific method of moving the house and goods, etc., the Defendant’s act in this case is not contrary to the social rules, and thus, is deemed to be unlawful.
3. The summary of the grounds for appeal is as follows: (a) the victim received the notification from I on June 22, 2012 that he/she moved the store from I to the first to the third floor; and (b) the Defendant arbitrarily moves the house of the victim to another place without any prior notice on June 30, 2012; and (c) the lower court found the Defendant not guilty of the charge of the instant case even though the Defendant’s act cannot be deemed a justifiable act under the Criminal Act, in light of the fact that it received notification from I on July 2, 2012 that “the removal of house of the store from the store to the 24:00 on June 30, 2012.”