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1. The defendant shall be punished by imprisonment for one year;
2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
The defendant is the representative of D Security Business, E is the representative director of F, G is the staff of H Security Planning, I, J, and K are members of D Security Business, together with G.
On June 22, 2011, the Defendant entered into a security and guard contract with Korea Mutual Savings Bank and the said E with respect to the site of the privatecheon Industrial Complex (hereinafter “instant construction site”) and received instructions from E to control the victim M (N; hereinafter “M”)’s access to the instant construction site where the victim M (N; hereinafter “M”) exercising the right of retention.
On the other hand, on November 14, 2008, the victim M& entered the construction contract with the above F and the Class II district planning zone including the instant construction site, and completed all construction works for site creation equivalent to the total construction cost of KRW 4,779,00,000, around July 2010. However, since October 8, 2010 on the ground that the construction cost was not paid at all, the victim M& was unable to enter the construction site of this case and carried a banner "in the exercise of the right of retention", and was exercising the right of retention after having installed three container stuffs, and on March 3, 2011, the O stock company went through the public auction procedure against the instant construction site, and completed the report on the right of retention.
The Defendant instructed the said G to follow the foregoing direction, and G, I, etc. were waiting in the said G from June 201 to the point of view that the expenses would be incurred therefrom. While the victim’s M workers waiting in the said place, they could not be prevented from entering the victim’s container stuff, which was installed for the purpose of exercising the right of retention, and the Defendant reported the fact to E, and the Defendant instructed the Defendant to put the above container stuff owned by the victim before the public auction on the site at the instant construction site was conducted.