(영문) 대구지방법원 2014.05.15 2014고정417

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(영문) 대구지방법원 2014.05.15 2014고정417

권리행사방해등

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, as the owner of the second floor building in Daegu Suwon-gu B, leased the restaurant of the first floor to the victim C on March 1, 2006, with a deposit of KRW 20,000,00,000, and under a contract renewal, extended the contract period from February 24, 2013 to February 24, 2014 by adjusting the deposit amount to KRW 30,000,000, and around March 2009, leased the second floor to the victim without a lease deposit of KRW 7,00,00,000, and the victim was operating the restaurant of the second floor while residing in the second floor;

A. Obstruction of right: (a) on May 2013, 2013, 207:30, 2013, 207: (b) on the ground that the victim did not make his/her name with respect to 2nd floor; (c) on the ground that the victim did not use his/her name with respect to 3rd floor; and (d) removed the wall of a small room that the victim is living, and thus, (d) the victim

B. From 20:00 to 20: (a) on June 2013, the victim of the first floor of the building in question was found in the D restaurant operated by the victim of the first floor of the building in question, and four customers were taking meals, the victim’s refusal of the service by demanding that the restaurant contract expires from February 25, 2014 to KRW 1,50,000,000 from February 25, 2014, the restaurant contract expires, thereby interfering with the victim’s operation by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. E statements;

1. Application of lease contract, placard, photographing photography Acts and subordinate statutes;

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, Article 323 of the Criminal Act, Article 314 (1) of the Criminal Act, and the choice of fine for the punishment for the crime;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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