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(영문) 대전지방법원 2017.03.23 2017고정133

권리행사방해

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

On February 17, 2016, the Defendant borrowed KRW 4750,00 from the victim B around 16:45 on February 17, 2016, and offered D C-W first car owned by the Defendant in his wife C as security.

On March 20, 2016, the Defendant discovered that the first car is parked in the middle-gu, Daegu, Daegu, about 14:00, in front of the apartment operation, the Defendant driven the said car by using a reserve key owned by the Defendant.

Accordingly, the defendant taken his own property which was the object of another person's right and obstructed the exercise of another person's right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (referring to telephone conversations between a witness E and the F counterpart of telephone conversations), and report internal investigation (referring to attachment of F copy of contract);

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.