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(영문) 부산지방법원 2018.11.28 2018고단3055
권리행사방해등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On September 1, 2017, the Defendant: (a) received monthly rent of KRW 4 billion from 200 million from 4th and 3th among the 4th and upper floors owned by the Defendant (hereinafter “instant lease agreement”) from the victim D; and (b) leased by September 1, 2019 on condition that he/she rents as the current state of facilities (hereinafter “instant lease agreement”).

On January 29, 2018, at C around 08:00, the Defendant entered the password of the drum lab, which was previously known to bring about the drum lab (hereinafter “laundry”) owned by the Defendant, on the second floor, at dispute over the termination of the instant lease contract and the return of the deposit for rent, and infringed upon the Defendant’s laundry by opening the entrance.

Summary of Evidence

1. Partial statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Data to cut each CCTV image;

1. A real estate monthly rent contract;

1. Each photograph (in the crime of intrusion upon a house, the term "in the crime of intrusion upon a house" is sufficient to enter the house against the will of a resident or a person, and no resistance is required to be received, and even in an open place, the manager may, if necessary, prohibit or restrict his/her entry, and thus, if he/she enters the house or structure in an unreasonable manner against the intention of prohibiting or restricting his/her entry, the crime of intrusion upon a house constitutes a crime of intrusion upon a house (see Supreme Court Decision 82Do1363, Mar. 8, 1983). However, although the damaged person claimed the termination of the lease contract at the time of the instant case, although he/she occupied and managed the bath while demanding the return of the lease deposit, it is sufficient to recognize the Defendant's act of entering the public bath inside the victim against his/her will as constituting the crime of

Application of Statutes

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69(2)1.

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