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(영문) 의정부지방법원 2018.07.19 2018노386
건조물침입등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found that interference with the business (misunderstanding of facts or misapprehension of legal principles) (1) even based on the reasoning of the judgment stated by the court below, it was acknowledged that even if the defendant or a person working on the defendant's order did not operate the above machine by setting a password on the posters pumps during the process of the contact work, it was evident that the above act by the defendant was likely to cause interference with the business of the victim. Thus, it constitutes a interference with the business.

(2) Even if the Defendant had not received all the construction cost from the injured party,

Even though the defendant can realize his rights according to the civil remedy procedure, it cannot be evaluated as a legitimate act that obstructs the victim's business in the same way as stated in this part of the facts charged does not violate the social norms.

B. At the time of the instant case, the victim had already changed the equipment to prevent the Defendant from entering the mechanical room in order to prevent the Defendant from entering the building. Nevertheless, the Defendant entered the mechanical room against the intent of the victim for the purpose of obstructing the Defendant’s business. Thus, the crime of intrusion on the structure was established.

2. Determination

A. The Defendant is a field director of the “C”, who is a private letter or facility company, and is proceeding with a private letter or facility work within “F” on the second floor below the E-building, in the case of the Gu government operated by the victim D.

(1) On March 20, 2015, the Defendant obstructed the victim’s friendship or business by force for about one hour from around 14:00 to around 1, 2015, by stopping the water pumps of the above private letter, which had been normally in operation with the victim in the course of normal operation, and preventing the water supply of the above private letter.

(2) The Defendant affected a structure, at the time and place specified in the above (1), provided water pumps as stated in the above (1).

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