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(영문) 서울중앙지방법원 2016.01.27 2015고정239
권리행사방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner of the third floor building located in Gangdong-gu Seoul Metropolitan Government, and the victim D is the lessee who leased the rooftop room (19.20 square meters) located on the rooftop for two years from the E having the right to manage and dispose of the above building around April 10, 2014.

The Defendant denied the above lease agreement that E entered into against the above rooftop room, and requested the victim to enter into a new lease agreement with the Defendant, but the victim did not comply with this, changing the key of the entrance leading to the above rooftop room to interfere with the victim’s use of the rooftop room.

On July 14, 2014, the Defendant: (a) opened a locking device of the upper part of the stairs of the third floor and the entrance door connecting the rooftop of the building to the third floor by arbitrarily entering the said building to enter the repair hole of the name in secret, and (b) opened the locking device of the upper part of the stairs of the third floor and the entrance door connecting the rooftop of the building to the third floor, and made it impossible for the injured party to use the above lock room.

Accordingly, the defendant infringed on the victim's residence, and interfered with the exercise of the right by impairing the victim's profit-making utility against the above rooftop room.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. Statement made by the police against D;

1. A complaint;

1. The application of a statute applicable to a certification of contents (10 pages), a charter agreement (in the investigation record), a charter agreement (in the investigation record 54 pages), a registration for transfer of ownership 105286, a combination of 105286 judgment, an investment contract, an incidental agreement for an investment contract, an additional agreement, a certificate of seal imprint (in the investigation record 148-151 pages), a certificate of seal imprint on October 10, 201, a FF corporation’s seal imprint certificate, each certificate of FF corporation, a certificate of seal imprint, an urban gas fee-based comprehensive insurance, an application form, a letter of claim for urban gas fee, a cable broadcasting, a subscriber’s confirmation, a certificate of proxy, a certificate of seal imprint (in the investigation record 240, 241 pages)

1. Relevant Article 319(1) of the Criminal Act, Article 323 of the Criminal Act, and Article 10 of the Criminal Act concerning criminal facts, the choice of each fine.

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