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(영문) 대전지방법원 2018.06.07 2017노2537
권리행사방해
Text

The judgment of the court below is reversed.

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

The above fines are imposed by the Defendants.

Reasons

1. The summary of the grounds for appeal: The victims of misconception of facts and misapprehension of legal principles should be deemed to have the value of provisionally protecting the building of this case until the settlement of disputes through the legal procedure.

However, the lower court rendered a not-guilty verdict on the facts charged of this case. Therefore, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment.

2. The prosecutor of the judgment ex officio maintains the interference with the exercise of rights in the trial as the primary charge; however, in the name of the crime, “the crime of intrusion on a structure and the crime of destroying property” is “Articles 319(1), 366, 30, 37, and 38 of the Criminal Act” under the applicable law, the following facts charged are added to the facts charged. This court granted permission (hereinafter “the facts charged in the preliminary charge”). As such, the subject of the judgment of the court was different (the additional facts charged in the preliminary charge as seen below), the judgment of the court below cannot be maintained any further.

However, despite the above reasons for reversal of authority, the prosecutor's mistake and misapprehension of legal principles as to the primary facts charged in the judgment of the court is still subject to the judgment of this court.

3. Determination of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine

A. The summary of the primary facts charged is Defendant A is the representative director of E Co., Ltd., and Defendant B acquired the ownership of the first, second, and third floors of the instant building from May 23, 2016 to May 23, 2016, by acquiring the ownership of the first, second, and third floors of the instant building from the time when he/she participated in the process of being awarded a successful bid in the name of F in the Nam-gu G building (hereinafter “instant building”); and E Co., Ltd., on June 10, 2015, by voluntarily selling the instant building 103 to the 16th day of the same month.

On the other hand, this is true.

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