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(영문) 인천지방법원 부천지원 2019.10.17 2019고단1645
권리행사방해등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 15, 2018, the Defendant: (a) was awarded a successful bid for the influent C Apartment D (hereinafter “instant apartment”) that the victim B corporation is exercising the right of retention on the claim for construction price; and (b) completed the registration of ownership transfer on the instant apartment due to voluntary auction on November 16, 2018.

In the entrance of the apartment of this case, a public notice was attached to the effect that "the victim company is exercising the right of retention," and the appraisal report prepared in the auction procedure for real estate rental on the apartment of this case stated that "the apartment of this case is attached to the public notice of the exercise of the right of retention." Thus, the contents of the appraisal report are stated to the effect that "the victim company is under the exercise of the right of retention on the apartment of this case," but the contents of the appraisal report are stated to the effect that "the apartment of this case is subject to the exercise of the right of retention." However, the appraisal report

Although the Defendant was aware that the victim company was exercising the right of retention, around November 28, 2018, the Defendant arbitrarily removed the notice of the exercise of the right of retention from the entrance of the apartment of this case, and entered the apartment of this case by removing the entrance number key and removing the correction device by an influence method.

The Defendant continued to change the password of the apartment entrance of this case and deducted the possession of the apartment of this case under the lien by the victim company.

Accordingly, the defendant invadeds on the structure managed by the victim company, and took real property which became the object of the victim company's criminal rights and rights, and obstructed the exercise of rights.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. A protocol of partial police interrogation of the accused;

1. Statement to E by the police;

1. F's certificate;

1. Assistance by court rulings;

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