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(영문) 제주지방법원 2014.12.04 2014고정500
업무방해등
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

B The owner of a building under construction in D at Jeju City, and the owner of a building under construction by Defendant E as the representative of Defendant E Co., Ltd., who performed the construction work of the building in the amount of KRW 49,950,000 by contract from Defendant B.

[2014 Highest 1542: Defendants] around August 2013, upon completion of the construction of the building, a dispute arose between the Defendants on the demand for the repair of defects and the payment of the balance of construction cost, etc., and eventually, Defendant A suspended construction at that time, Defendant A controlled access by using a locker and key to the entrance door of new building, and exercised a lien on the rooftop.

1. Defendant B

A. A. Around September 8, 2013, Defendant B, at the building located in Jeju-si, around September 8, 2013, filed a complaint against the victim’s exercise of the victim’s right of retention, cut off the victim into one saws, and opened 9 locks installed on the entrance and exit door. Accordingly, the Defendant’s market price owned by the victim was destroyed by two strings and damaged by nine strings occupied by the victim, thereby hindering the victim’s exercise of the right. (2) Defendant B removed three banners installed on the rooftop of the building by the victim on the same ground at the above place on September 10, 2013, stating “in the course of exercising the right of retention” and “in the course of exercising the right of retention.”

B. On November 27, 2013, Defendant B claimed that the victim A (the 48-year-old age) released the locking device of the entrance that the Defendant replaced and intending to enter into the entrance at the same place as above, Defendant B, who was dissatisfied with the instant request, was shaking the victim’s flab, and went beyond the victim’s head at one time due to drinking. The victim’s head flab, etc., which requires approximately two weeks of treatment.

2. Defendant A around September 10, 2013, at the same place as above, is owned by the victim B.

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