Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant was requested by the victim C to perform construction works within the general housing area in Pyeongtaek-gun D.

At around 07:00 to 09:00 on September 13, 2017, the Defendant: (a) notified the injured party of the termination of construction due to disputes over the payment of additional construction cost; and (b) notified the Defendant of the termination of construction work; and (c) provided the Defendant’s entrance by replacing the entrance door, the Defendant obstructed the damaged party’s work by force, such as blocking the use of the construction material in front of the house entrance, preventing the victimized party from entering the construction site; and (d) blocking the truck from entering the construction site.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Standard contract, certification of terms and conditions of private construction works, notification of termination of the contract, and inquiry into details of transactions;

1. The defendant and his defense counsel asserted that the victim's work may not be deemed as infringement of the right of retention on the part of the defendant, and that the defendant's work may not be deemed as infringement on the right of retention on the part of the victim, and that the defendant's work cannot be carried out in order to exercise the right of retention on the additional construction cost, and thus constitutes an act that does not violate a legitimate act

However, according to the evidence duly adopted and examined by this court, ① the Defendant and the victim entered into a contract with the construction period from May 15, 2017 to July 30, 2017 with the construction cost set at KRW 124 million for the new house construction project of this case (the above construction project was acquired by the victim who suffered damage to the existing building owner E) on the ground that the victim paid the Defendant a total amount of KRW 129 million until August 11, 2017, ② the Defendant paid the additional construction cost of KRW 17 million to the victim on August 11, 2017, on the ground that the victim did not pay the additional construction cost.