Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

From April 10, 2015 to May 22, 2015, the Defendant: (a) received a request from F and G to F in charge of the removal work on the ground that the victim E, a corporation located in two lots of land, including Gwangjin-gu, Seoul, failed to receive the excavation rate, etc. in the process of relocating the site of new construction of the building site; and (b) prevented the victim from entering the victim’s vehicles, construction facilities, and materials.

Accordingly, the defendant interfered with the new construction work of the victim company by force.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness I and each legal statement of the J;

1. Some statements made to K in the protocol of interrogation of the suspect to the prosecution (including the I statement);

1. Some statements concerning K in the police interrogation protocol;

1. Partial statements made to F in the police statement protocol;

1. A standard contract for private construction works, a subcontract for removal works, a written request for removal and placement of civil engineering rooms, and a standard contract for the lease of construction machinery;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserts that the act stated in the facts constituting the crime in the judgment is part of the exercise of the right of retention, so it does not constitute crime.

2. Determination

A. The following facts are acknowledged according to the fact-finding prosecutor and the evidence submitted by the Defendant.

(1) L was awarded a contract for the removal of the instant building from M (Substantial Representative N) on March 3, 2015 for KRW 20,000 for the construction cost.

(2) While carrying out the instant removal construction, L entered into a contract with the Defendant for the lease of cut-off season. From March 12, 2015 to April 1, 2015, L performed the removal work according to the direction of F at the site warden at the instant site.

(3) N on April 2, 2015, the victim.