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(영문) 대구지방법원 2014.10.08 2014고정1789
권리행사방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On November 7, 2013, the Defendant: (a) around 19:22, the victim C in Kimhae-si, who occupied and possessed in order to receive construction cost; (b) removed the banner informing the victim of the exercise of the right of retention by entering the above factory, together with approximately eight actual operators of the above company, E and nameless boxes; and (c) prevented the victim from entering the above factory by installing a container stuff on the way that he enters the above factory.

Accordingly, the defendant interfered with the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E (first time);

1. Statement to C by the police;

1. Copy of a provisional disposition prohibiting the obstruction of possession;

1. Application of the Acts and subordinate statutes governing the factory and the right of retention cards;

1. Article 323 of the Criminal Act applicable to the crimes;

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

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