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Reasons
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(영문) 인천지방법원 부천지원 2013.04.26 2013고정79
권리행사방해
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Defendant shall be punished by a fine not exceeding one million won.

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

Reasons

Punishment of the crime

On December 2, 2012, 2012, the Defendant: (a) requested the Victim to repair the LarentoR car and BNAS car to D; (b) paid KRW 5 million, which is a part of the repair cost on December 2, 2012; and (c) paid KRW 5,300,000,000,000,000 for the remainder of the repair cost and the NAS car; and (d) paid KRW 5,300,000,0000,000,0000 won for the repair cost and the NAS car.

After that, the Defendant, on the ground that the rocketing repair cost is too high, was not paid any more to the victim, and thus, the Defendant was refused by the victim.

around 11:00 on August 31, 2012, the Defendant used towing vehicles to towing vehicles and moved the NA to the FF car repair shop in the Ocheon-gu, Ocheon-si E.

In this case, approximately KRW 1,285,000 was paid for the NAs repair cost.

Accordingly, the defendant taken the goods of the defendant who is the object of the right of retention and obstructed the exercise of the right of the victim.

Summary of Evidence

1. Protocol of examination of witness to C of this Court;

1. Statement to C by the police;

1. Details of each repair (the NAS, rocketings);

1. Application of the legislation of a copy of a letter of payment;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

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

1. The Defendant asserts that, even though C agreed not to remove the above NAS vehicle externally without the Defendant’s permission, it would bring the said vehicle into the house parking lot of C in violation of the above agreement, the Defendant would bring about the said vehicle properly.

However, according to the statement of the copy of the confirmation, it is recognized that the defendant and C agreed as above, but on the other hand, this court's protocol of examination of witness and statement of payment as to C.

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