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(영문) 인천지방법원 2017.05.19 2016고단6046

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 23, 2010, the Defendant purchased a car by E in the D Motor Vehicle Trading Complex located in Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seoul, and obtained a loan of KRW 14 million from the Social Co., Ltd. of the Victim's Republic of Korea, and completed the registration of the establishment of a mortgage with the mortgagee's value of KRW 14 million on November 26, 2010.

After August 201, the defendant, around the end of 201, sold a car to a person who is not the name of the defendant in the vicinity of the Bupyeong-gu Incheon Bupyeong-gu, Bupyeong-gu, Incheon, and sold the car to five million won.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes governing a copy of the agreement of installment financing of secondhand automobiles and the ledger of automobile registration;

1. Relevant Article 323 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the scope of the recommended punishment] basic area [the scope of the recommended punishment] from six months to one year [the person subject to general sentencing] - Reduction elements: The remote reflective area;

2. Whether to suspend the execution (general circumstances): - positive: There is no criminal record of a serious reflect, substantial deposit, or any criminal record of a suspended execution or more.

3. The Defendant, who was sentenced to sentence, was unable to recover damage after a long time from the time of committing the crime, and did not reach an agreement with the victim.

The Defendant escaped due to his/her failure to appear on the date designated by the court on December 16, 2016.

There is room to see.

However, the defendant is against this law and recognizes crimes.

On October 5, 2001, the Defendant was sentenced to a fine of KRW 300,000,000,000, and such other criminal punishments are imposed.