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(영문) 인천지방법원 2017.04.26 2017고단702

권리행사방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 2, 2012, the Defendant was sentenced to four years of imprisonment for robbery in Seoul Southern District Court (hereinafter “Seoul Southern District Court”) and four months of imprisonment for embezzlement, etc. on April 3, 2013. On December 17, 2015, the Defendant completed the execution of the sentence in the Macheon Prison.

On December 23, 2015, the Defendant: (a) borrowed KRW 14 million in the name of the purchase price of the vehicle to purchase the 611 Samsung Bio-building 9th floor at the Nam-gu Incheon, Nam-gu, Incheon; and (b) set up a mortgage on the said vehicle as a mortgagee for the said vehicle; (c) on June 23, 2016, the Defendant: (d) borrowed KRW 5 million from the security lender for which the name of “C” cannot be known at the Seocho-gu, Incheon; and (d) delivered the said vehicle to the security lender for whom the name of “C” cannot be known; and (e) concealed the said vehicle to prevent the exercise of the rights of the victim.

The Defendant of “2017 Highest 1127” from February 12, 2017 to 00:50 on the same day from February 12, 2017, the Defendant was under the influence of alcohol in the emergency room of the F Hospital controlled by the victim E, a security personnel in the Southern-gu Incheon Metropolitan City, from around 00:20 to around 0:50 on the same day, and was under the influence of alcohol in the entrance of the F Hospital; and

C. The victim’s hospital business operation was interfered with by force by failing to enter the emergency room to prevent customers who were in need of smoking, such as smoking tobacco and threatening the victim to scam.

Summary of Evidence

1. The defendant's oral statement "201 senior 702 senior ;

1. Statement of the police statement related to G;

1. Decision on voluntary auction of motor vehicles, protocol of impossibility to deliver each motor vehicle, and original register of motor vehicle registration;

1. Previous convictions: 2017 highest 1127 highest 2017 highest 1127 highest 127 highest 1.

1. E statements;

1. Previous convictions: Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, reports on investigation (prior convictions of suspects, repeated crimes and confirmation during trial);

1. Article 323 of the Criminal Act (the point of obstructing the exercise of rights) and Article 314 of the Criminal Act concerning criminal facts.