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(영문) 울산지방법원 2018.01.19 2017고정1205
권리행사방해등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 11, 2017, the Defendant purchased Ulsan Jung-gu B B lending 202 and completed the registration of ownership transfer of B lending 202 around the same month on or around the 19th day of the same month, and the victim C entered into a lease agreement with the former owner of B lending 202 around July 2, 2016, and thereafter the lessee is residing in the above B lending 202 from around that time.

1. On May 3, 2017, the Defendant: (a) around 17:30 on May 3, 2017, the Defendant: (b) caused the leased person to have the Defendant not opened the house when demanding for the director’s expense; (c) caused the victim to remove the erogate installed on the entrance of the above No. 202, and to change the erogate into a new erode; and (d) caused the erode to have the erogate installed on the entrance of the said No. 202.

Accordingly, the defendant invadedd the victim's residence.

2. The Defendant interfered with the exercise of rights without the consent of the victim at the time, time, and place of the above paragraph (1) above, replaced the electronic fishing village in the same manner as the above paragraph (1), and replaced the password and prevented the victim from entering the above B B lending 202.

Accordingly, the defendant taken his own property which is the object of the right of lease and obstructed the exercise of the rights by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on a copy of a real estate lease agreement;

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act, Article 323 of the Criminal Act, and the selection of fines for negligence;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed by a crime of obstructing the exercise of more severe rights);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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