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(영문) 광주지방법원 2019.10.23 2019고단1954

권리행사방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On October 22, 2015, the Defendant purchased 46,098,00 won from the victim E (ju) while obtaining a loan from 46,000 won from Da (Haak) in the United States Forest Zone B at the same time as of October 22, 2015. The Defendant was to pay 647,056 won per month for 60 months, and the said vehicle was the object of the victim’s right by creating a mortgage on the said vehicle on October 28, 2015. The Defendant decided to sell the said vehicle as the Defendant did not pay the monthly payment from 26 times to 26 times.

Nevertheless, on July 2018, the Defendant: (a) borrowed KRW 17 million from a credit service provider, “F,” and concealed the said vehicle, thereby hindering the victim’s exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes to the accusation, written agreement of installment financing of automobiles, and protocol of impossibility of delivery of automobiles;

1. Article 323 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence is based on the following factors: (a) the nature of the instant crime; (b) the degree of damage; and (c) whether the instant crime was restored (see, e.g., the agreement with the victim); and (d) the criminal history, age, environment; (b) the motive, means and consequence of the instant crime; and (c)