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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (based on factual errors and misapprehension of the legal principle) requested the defendant to inform him of the password of the house entrance in order to exercise the right of lease, but there is room to regard the defendant as an act of interference with legitimate exercise of the right of lease because the defendant failed to comply therewith
In addition, such an act was impossible or considerably difficult to discover the location of an object, and it may be deemed as an act detrimental to the concealment or the beneficial utility of an object, which constitutes “a damage and damage.”
Nevertheless, the court below found the Defendant not guilty of the facts charged of this case. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment.
2. Determination
A. A. On September 30, 2011, the Defendant leased KRW 130 million to D, the Defendant, the Defendant owned, by setting the deposit of KRW 130 million, and the contract term as of September 29, 2013.
However, during the term of the above contract, the Defendant out of the above house on the ground that D, a lessee, had left the house and filed a lawsuit against the Defendant for a claim for the return of deposit, changed the password of the above house entrance, and requested the Defendant to inform the Defendant of the entrance password to exercise his/her right to the above house during the remaining lease period on July 4, 2013.
After all, the defendant suffered the above house leased from the defendant, thereby hindering the victim's exercise of rights.
B. The lower court’s determination refers to the transfer of an object from his control to his own or a third party’s control against the intention of the possessor of the object, which constitutes an object of another’s possession or right, in the course of obstructing the exercise of rights under Article 323 of the Criminal Act, and the transfer of possession by the possessor’s intention or his defective intent.