(영문) 부산지방법원 동부지원 2013.04.29 2012고정1505

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 동부지원 2013.04.29 2012고정1505

업무방해

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who operates the research company with the trade name of the LACD, and the victim E was a person who has operated the FMM in Busan. The LAD entered into a construction contract with the victim E and had a significant progress in the construction project.

At around 12:00 on June 6, 2012, the Defendant determined that the victim E would not pay construction expenses by obstructing the Defendant’s finishing construction upon correcting the entrance door of the above gate, and that it interfered with the victim’s management of the above gate by requesting the business entity installing the gate to stop the entrance by installing a steel fence with a height of 1.8 meters at the front of the above gate and 14 meters in length.

Summary of Evidence

1. A protocol concerning the suspect examination of the defendant or G;

1. Statement of the police statement of E;

1. Application of statutes on site photographs, copies of construction contracts, and warnings;

1. Article 314 (1) of the Criminal Act and the choice of fines concerning the crime;

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The alleged defendant and his defense counsel asserts that the defendant's act constitutes a justifiable act for the exercise of the defendant's right of retention, inasmuch as the defendant has installed a steel fence in the Moel to secure the defendant's right of retention for exercising the right of retention to secure the defendant's claim for the payment of the construction cost by having the victim not pay the construction cost at almost the stage of completion of the remodeling work for which the defendant has been awarded a contract for

2. Determination

A. A possessor of a real estate may, when he/she was deprived of his/her possession, immediately withdraw the perpetrator from the possession after the deprivation (Article 209(2) of the Civil Act). However, he/she is required to file a lawsuit for recovery of possession within one year from the date on which he/she was deprived of possession after a certain period of time from the point of time.

참조조문

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