1. Case Overview
In real estate development projects, conflicts between contractors and developers often escalate. The clients in this case were executives of a development company who sought out Law Firm Theo after facing severe criminal charges amidst a dispute with a contractor. At the time, the contractor was occupying the building, claiming a lien. Under these circumstances, the clients, as executives of the developer, entered the building. The contractor took issue with this and filed a criminal complaint against the clients for Violations of the Act on the Punishment of Violence, etc. (Joint Property Damage, Joint Trespassing) and Obstruction of Business. When the Violence Act is applied rather than general criminal law, the level of punishment can be exceedingly heavy. Compounded by the obstruction of business charge, the clients were under immense psychological pressure.
 

 

• Meticulous Analysis of Contracts and Relevant Laws: Theo's defense team thoroughly reviewed the initial contract between the developer and the contractor, alongside relevant legislation. Based on this, they clearly proved to the investigating agency that the clients' act of entering the building did not legally satisfy the constituent elements of trespassing or property damage.
• Proving the Unreasonableness of the Contractor's Occupation: The team scrutinized the requirements for establishing the lien claimed by the opposing party. By actively clarifying through objective data and legal rationale that the contractor's occupation at the time was not based on a lawful lien, they dismantled the very premise of the opposing party's argument.
• Active Defense Against Obstruction of Business Charges: For the crime of obstruction of business to be established, there must be the use of fraudulent means or threat of force. Theo's defense team analyzed the clients' behavioral patterns at the time and logically argued that there was no exercise of fraudulent means or force that could have obstructed the opposing party's business.

 

3. Result of Assistance

The investigative agency (police) accepted all of the defense counsel's written opinions and legal arguments submitted by Law Firm Theo as valid. Consequently, a decision of non-transfer was made at the police stage for all charges against the clients. Before the case could even be handed over to the prosecution, the clients were able to clear themselves of the unfair charges at the earliest possible date and return to their peaceful daily lives and primary duties.

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