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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. After the end of November 2017, the Defendant victim was virtually leaving the bath business neglected, and even if based on the victim’s statement, the victim did not possess and manage the bath after January 2018.
Therefore, on January 29, 2018, the Defendant was entitled to enter a bath as the owner and the actual manager, and there was no intention to intrude the building against the will of the manager.
B. Prosecutor 1) There was no fact that laundry machine was excluded from the leased object at the time of misunderstanding of facts and misunderstanding of legal principles at the time of laundry lease agreement, and the Defendant also took the laundry machine by intrusioning on the bath lawfully occupied and managed by the victim despite the consent of the victim to possess and use the laundry machine in the bath. Therefore, the crime of obstruction of another’s exercise of rights is committed. Therefore, the lower court erred by misapprehending the facts or misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment, on the grounds that there is insufficient evidence to acknowledge the laundry machine as the object of the lease agreement. 2) The lower court
2. Determination
A. 1) We examine the Defendant’s assertion of misunderstanding of facts, and the Defendant asserted to the effect similar to the grounds for appeal in this part of this part at the lower court, and the lower court rejected the allegation in the judgment. Examining the lower court’s judgment in comparison with the evidence duly adopted and examined in the lower court and the first instance court, the lower court’s judgment is just and acceptable (the victim delivered a bath to the purchaser of the building on July 19, 2018), and until that time, he/she occupied and managed the bath bath by filing a lawsuit against the Defendant demanding the return of the lease deposit against the Defendant.
In the trial, the defense counsel has been submitted in the trial.