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(영문) 춘천지방법원 원주지원 2015.05.07 2014고정683
권리행사방해
Text

A fine of KRW 300,00 shall be imposed on a defendant. If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

From July 2013 to July 31, 2014, the Defendant leased the Victim C (the 35 years of age, the 105 unit of D building owned by the Defendant to KRW 2 million and KRW 300,000 per year from July 31, 2014.

On August 1, 2014, the Defendant, around 21:30 on August 21, 201, replaced the 105 straw straw straw straw straw straw straw straw straw straw straw.

Accordingly, the defendant damaged his own property which was the object of the victim's possession and obstructed the victim's exercise of rights.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and C;

1. Statement to C by the police;

1. Report on the occurrence of the case;

1. Application of Acts and subordinate statutes governing field photographs;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The Defendant asserted that the victim C was in arrears with monthly rent, and that he replaced the key park with the consent of the said person.

Therefore, in accordance with Article 24 of the Criminal Code, the defendant cannot be punished as a crime of obstructing the exercise of rights.

2. In view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, it is determined that the victim did not consent to the Defendant’s act.

① E and C state that the Defendant unilaterally replaced a key room without the F’s consent.

② At the time of the instant case, there was an objection between the Defendant and C as to the monthly rent and the amount of public charges in arrears, which were one day after the contract period was expired, and therefore C did not seem to have consented to the replacement of the Defendant’s key stay due to the delinquency in monthly rent.

(3) Recording notes submitted by the defendant (written evidence 1, August 1, 2014, which recorded conversations with the defendant and C, etc.) shall be recorded.

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