The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is the owner on the register of the Seocho-gu Seoul Metropolitan Government 106 Dong 1005, and currently is currently in the process of civil procedure with D, etc. for some shares of the above apartment.

Victim E (D's children) of the defendant, the defendant, entered into a lease contract with the defendant for the above apartment.

The present apartment is currently being occupied by the defendant and the civil lawsuit.

On January 11, 2017, around 09:42, the Defendant arbitrarily destroyed the entrance door and replaced it with a new lock, thereby hindering the Defendant from exercising its rights to occupy the residence of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Photographs, recording records, copies of apartment charter contract, resident registration abstract, investigation report (to listen to the statement of key repair cell phone), and entire certificate of registered matters (right of lease claimed by the defendant and his defense counsel cannot be acknowledged as false right. At the time, the defendant living together in the apartment of this case, the defendant living together in the apartment of this case, and the victim had replaced the locks inevitably in order to enter the house by arbitrarily changing locks. Thus, the crime is not committed.

The argument is asserted.

"Possession of another person" subject to protection in the obstruction of exercise of rights does not necessarily mean possession based on the right to possess. On the other hand, possession where possession was commenced based on legitimate title but the possession was lost later, possession until the existence of the right has been clarified through the legal procedure, possession based on the right does not commence, but possession that could be asserted by the simultaneous performance defense, etc., including possession which is worth provisionally protecting until the resolution of dispute through the legal procedure, such as possession where the right to possess was revealed after the commencement of possession, possession until the existence of the right to possess was clarified, and possession that can be asserted by the simultaneous performance defense, etc.