권리행사방해
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 27, 2014, the Defendant borrowed KRW 14,900,000 from the victim E (a) in purchasing Drocketing passenger cars at the office of Daejeon Seosung-gu, Daejeon, and on May 28, 2014, on May 28, 2014, the Defendant created a right to collateral security, a claim value of which is KRW 7,450,000, in the victim’s name.
Nevertheless, on June 2014, the Defendant borrowed KRW 2 million from a lender on the name-free loan and delivered the said car as collateral, making it difficult for the victim to find out the location of the said car.
Accordingly, the defendant concealed the above car which is the object of the victim's right, thereby hindering the victim's exercise of right.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the complaint, supplement and statement of the F;
1. Application of Acts and subordinate statutes on the written complaint and installment financing agreement;
1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of punishment by law: Imprisonment for one to five years;
2. Extent of the recommended sentence according to the sentencing guidelines [decision of a type] Obstruction of Exercise of Rights, etc. [Class 1] - Obstruction of Exercise of Rights, etc. [Special Convict] - Mitigation element: In cases where there are particularly grounds for taking into account the commission of a crime, [the scope of the recommended area and the recommended sentence] mitigation area, and one month to eight months [the general person who has been punished].
3. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.
An unfavorable normal situation: A normal situation in which damage has not been recovered: A confession and reflectd, and there is no record of punishment exceeding the fine.