logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.07.18 2013고정1445
권리행사방해
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around May 10, 2011, the Defendant: (a) concluded a contract with the victim B, a constructor, to newly build a studio of the total size of KRW 503.69 square meters, KRW 24 households, and KRW 486 million on the ground level; (b) with respect to the new construction of the building, the Defendant and the victim B, a constructor, and the ASEAN-si, and the Plaintiff entered into a contract to pay the loan and the security deposit after the completion of the construction.

However, even though the above building was completed on March 14, 2012 and the balance is paid, the defendant did not pay 2510 million won, which is the construction cost, to the victim. On July 2012, the victim changed the password of the above building's entrance and the 24 households' correction devices (records) on the first day of July 2012, and the victim exercised the lien by displaying possession on the entrance entrance of the building, the entrance of the building, and the outside glass windows of the building, with the indication "the building is in the exercise of the right of retention."

At around 20:50 on August 14, 2012, the Defendant removed the locking device installed in the entrance of the above building and replaced the locking device installed in each of the above households to make the victim unable to enter the above building and each of the above households, thereby hindering the victim from exercising his/her rights on his/her own property, which became the object of another’s possession.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution concerning B and D;

1. Police suspect interrogation protocol of E or F;

1. Statement made to D by the police;

1. Scenes photograph extract;

1. Application of Acts and subordinate statutes to investigation reports (Submission of additional data on the exercise of lien);

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

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

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

arrow