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(영문) 서울동부지방법원 2017.05.30 2017고정349
업무방해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged: (a) around 18:00 on August 20, 2016, the Defendant: (b) prevented the victim E, the lessee of the said vinyl house, from entering the said place of business, by locked the door door door door of the victim’s plastic house with a locked door, on the ground that the victim E, who was the lessee of the said vinyl house, did not pay rent for six months.

Accordingly, the defendant interfered with the victim's plastic business by force.

2. According to the evidence duly adopted and examined by this court, the defendant can be found to have locked access as stated in the facts charged. However, considering the following circumstances acknowledged by the court, the defendant's above act was deemed to have been conducted as a means of receiving user lending agreements, factual confirmations, and rents unpaid in accordance with the respective documents, and the victim also committed several times. The defendant's act is also deemed to have been committed as a means of receiving multiple rents, etc., and it is also a legitimate act as defined in Article 20 of the Criminal Act, which is reasonable to the extent permitted in light of social norms.

① The Defendant and E entered into a land use lending contract with the content of KRW 3,00,000 for monthly maintenance and management expenses from January 1, 2015 to December 31, 2016.

Section 5 Section 2 of the above contract shall be rescinded if the payment of expenses incurred in the maintenance, repair, management, etc. of facilities under this contract is delayed for at least two months, such as the heat, electricity, cleaning expenses, etc. directly used by the user vehicle.

Article 5(3) provides that "When the contract is terminated, the entrance of the user shall be prevented by replacing the password and the key thereof, and no objection shall be raised even if the supply of electricity and water is suspended.

“The investigation records” (two pages 64 pages 64 of the investigation records). (2) E shall use the Defendant from January 2016.

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