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(영문) 의정부지방법원 2014.01.23 2012고정1998
권리행사방해등
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 17, 2012, the Defendant was awarded a successful bid for a lot of factories and three lots of land, namely, the Defendant: (a) around December 17, 2012; and (b) around December 2010, the victim D occupied the aforementioned factory and three lots of land by lawfully acquiring a factory from E as the actual operator of the said factory; and (c) around February 17, 2012, the Defendant was in possession of the said factory and three lots of land through F, an employee.

On February 23, 2012, in order to occupy the above factory and site, at around 09:10 on February 23, 2012, the Defendant damaged 5 keyss equivalent to 58,000 won at the market price of the victim D, which was corrected at the factory entrance, etc., and obstructed the exercise of rights by the victim.

Summary of Evidence

1. Each legal statement of the defendant and D;

1. Protocol of the examination of witnesses D, F and E of this Court;

1. Investigation report (related to the amount of damage and destruction of suspect property); and

1. Application of statutes to business registration certificates, locks, photographs, certificates of transfer and takeover, electric charges, joint and several guarantees, respectively;

1. Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 323 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

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