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(영문) 춘천지방법원 강릉지원 2019.05.23 2019고정43
권리행사방해
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A is the actual representative of C, and Defendant B is the employee of the above company, and the victim D is a person who engages in the transport business while possessing the E bus owned by the above company.

In relation to the operation of the above bus, the Defendants conspired to bring the bus without the consent of the victim while suffering conflict with the victim due to non-compliance with the laws and regulations of the victim, settlement of sales payments, etc. on March 16, 2018. On March 16, 2018, the Defendants: (a) called the “G” car center parking lot located in Gangseo-si, Gangnam-si, Seoul; and (b) requested H to deliver the key of the above bus which H requested repair and parked to the K Center; (c) but refused to do so; (d) Defendant A instructed Defendant B to make a new key by making the key repair hole; and (e) Defendant B issued the key to the staff I of the company, which caused the bus to bring it to the company garage located in the J in Gangnam-si.

Accordingly, the Defendants conspired and interfered with the exercise of rights by using a bus owned by the above company owned by the victim through H.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against K and I;

1. Each police protocol of statement of D, H, L, and M;

1. Application of Acts and subordinate statutes to an investigation report (a copy of a hybrid card), an investigation report (a written complaint submitted by the complainant, a statement of Habbage failure, etc. submitted by the complainant), and an investigation report (a document attached to a new card statement submitted by the complainant from November 2016 to January 2017);

1. Relevant Articles 323 and 30 of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts: Articles 323 and 30 of the Criminal Act; Selection of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. The Defendants of the provisional payment order: Determination on the Defendants and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. Obstruction of rights against the victim.

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