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(영문) 서울중앙지방법원 2013.06.21 2012노4219
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the lessee of the instant building did not pay rent and management expenses only once after the conclusion of the lease contract, and that all the lease deposit was deducted at the time of the lease contract and there is no remainder, the instant short-term measure constitutes a justifiable act.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. The records revealed by the judgment of the court below reveal the following: (i) before the defendant takes a full-time measure, the victim He (hereinafter “Lessee”) brought a lawsuit against the lessor for the reason of the defect, etc. in the leased object: (ii) there was a dispute between the lessor and the lessee as to whether the deposit was fully extinguished due to the overdue rent at the time of the full-time measure; (iii) there existed a period of about four months until the expiration date of the lease contract; (iv) even if G offered a compromise that it would first pay the deposit to the defendant upon the expiration of the lease contract without any specific reasons, the defendant maintained the short-time condition without complying with the negotiation; and (v) In full view of the following, the defendant could have relatively taken a legal procedure for the relief of lessor’s rights, such as cancelling the lease contract and seeking a disposition to cut down the name of the building; and (v) the defendant took a relatively easy method to take a full-time measure.

It cannot be deemed that reasonableness is recognized in the means and methods thereof.

B. The following circumstances cited by the lower court in its judgment are acknowledged by the evidence duly examined and adopted by the lower court, i.e., the lessee immediately after the conclusion of the lease agreement.

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