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(영문) 수원지방법원 안산지원 2016.04.28 2015고단3838
권리행사방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A is the owner of a building in the Gu of Ansan-si.

Victim C is a tenant who has entered into a lease contract for No. 101 of the above building, and Victim D is a tenant who has entered into a lease contract for No. 201 of the above building.

On April 30, 2015, the Defendant removed the digital set of the entrance door of the building, which was the object of the victims’ right to lease, at 101 and 201, which was the object of the victims’ lease, and removed one door of the entrance door of the entrance. On the outer wall of the building, “it is possible to park, scheduled to remove, open, 101 and 201,” red chrodings, such as “probs and opens,” 101, 201, and 101, in the corridor and stairs leading to 201 and 101, in which the victims actually reside, and damaged them in such a way as to impair their utility by viewing 101, 201, and 201, where the victims actually reside.

Accordingly, the defendant damaged the building 101 and 201 located in Ansan-gu, the right of lease of the victims and obstructed the exercise of rights by the complainants.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each complaint filed by C and D;

1. Lease contract, etc.;

1. Application of Acts and subordinate statutes to photographs of buildings;

1. Relevant legal provisions and Article 323 of the Criminal Act regarding facts constituting an offense, the choice of fines (in cases where an agreement has been reached after the institution of public prosecution of this case, taking into account that victims do not want punishment of defendants);

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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