권리행사방해
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On July 1, 2014, the Defendant purchased a car at the window B of Changwon-si from D to a loan of KRW 11,000,000 from the victim Hyundai Capital Co., Ltd. on or around July 3, 2014. On the same day, the Defendant transferred the said car by taking out KRW 3,000,000 from the operator of the pawnbow-gun, Gangwon-do, where his name cannot be known, for the said car. On the same day, the Defendant transferred the said car on July 3, 2014, by taking out 3,00,000 won from the operator of the pawnbg-gun, whose name is not known in the Frane E., Gangwon-do.
Accordingly, the defendant concealed the location of the car owned by the defendant, which was the object of the victim's right, so that it can not be confirmed, thereby hindering the victim's rights.
Summary of Evidence
1. Statement by the defendant in court;
1. A criminal complaint and a supplementary statement;
1. Application of Acts and subordinate statutes of the mid-term loan application, mortgage establishment agreement, and each of the original register of automobiles;
1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;
1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending punishment] There is no basic area (6 months to 1 year) [the person who is subject to special sentencing] [the decision of sentencing] [the decision of sentencing] damage caused by the instant crime was not recovered even if there is a significant number of damage.
On the other hand, the defendant recognized the crime of this case, and there is no previous conviction nor sentence.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the details and arguments, such as the scope of the recommended punishment on the sentencing guidelines, the age of the accused, sexual conduct, environment, motive and background of the crime, and circumstances after the crime.