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(영문) 창원지방법원 마산지원 2013.07.02 2012고정985
권리행사방해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a non-standing and the actual owner of the building E in the Haan-gun, Haan-gun.

From July 5, 2010 to July 4, 2012, the Defendant concluded a real estate lease contract on the condition that the victim F and security deposit five million won, and six million won monthly rent is paid on the fiveth day of each month, and the victim F and F operated a G store on the leased commercial building.

Therefore, at around 15:00 on July 23, 2012, the Defendant opened the entrance of the building of the commercial building and opened the door to prevent the victim F from doing business of the G main store operated by the victim F and his wife on the ground that the victim F did not pay monthly rent from February 2012 to February 23, 2012, and even after the expiration of the rental contract term, the Defendant started the door of the building of the commercial building and moved the door into the door to the watch and damaged again on August 6, 2012, and let rainwater flow into the commercial building by rain.

As a result, the Defendant prevented funeral services by destroying the roof of the G-based building and the warehouse entrance of the G-based building operated by the victim F, and obstructed the victim's exercise of rights against his own goods possessed by another person.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to H

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (i.e., confession, reflectivity, agreement with the victim, circumstance of the case, age of 73 years old, etc.);

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