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(영문) 인천지방법원 2017.01.13 2016고정2380
권리행사방해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is the owner of the building C, C, and D, Incheon po-gun, and the victim D is a person who has a lien on the building in order to secure the claim for construction cost due to the completion of construction works in an amount equivalent to KRW 100 million on or around January 15, 2013 after receiving a contract for construction works equivalent to the construction cost, which was completed on or around May 2013, but did not receive the construction cost.

On May 2013, the Defendant: (a) on the ground that the damaged party in the building at the above building installed a lien with a studio in a studio with a studio and received rents, thereby causing damage to himself/herself; (b) replaced the locking system of 28 guest rooms in the above building without the consent of the injured party; and (c) caused the injured party to not have access to the said 28 guest rooms.

Accordingly, the defendant interfered with the exercise of his right to his own property, which is the object of his possession.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Assignment of Claim, Construction Contract, Judgment (2014 High Court Decision 4132), Decision (2013 High Court Decision 2013 High Court Decision 4223), and Decision (2013 Provisional 4539)

1. Application of Acts and subordinate statutes governing construction site photographs;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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