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(영문) 대구지방법원 의성지원 2018.11.29 2018고단200

권리행사방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 20, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Incheon District Court, and completed the execution of the sentence on August 1, 2012. On April 10, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual injury) at the Incheon District Court, and the judgment on September 4, 2014 became final and conclusive.

On July 31, 2013, the Defendant obtained a loan from the victim's Hyundai Capital Co., Ltd. to purchase a secondhand car in order to purchase a thirdhand car at the e-case network in Incheon Dong-gu, Incheon, and set up a collateral security right, which is 21,000,000 for the said car owned by the Defendant.

around August 2013, the Defendant received KRW 6 million from D in order to prepare the agreement amount of injury in Incheon, and in return, brought the said car to D in return, and made it impossible to identify the location of the car.

Accordingly, the defendant concealed 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 for E;

1. Application form for a high-speed vehicle in modern capital, registration certificate, certified copy, abstract of the motor vehicle registration ledger (A), certified copy or abstract of the motor vehicle registration ledger (B), abstract of the motor vehicle registration ledger, certificate of seal impression, etc.;

1. Previous convictions in judgment: Application of inquiries about criminal history, text of judgment, text of judgment, and Acts and subordinate statutes on the acceptance status of individuals;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Act: Provided, That the sentencing factors specified in the arguments of this case, such as the defendant's age, environment, sexual conduct, motive, means and consequence of the crime, following the reason for sentencing under Article 39 (1) of the Criminal Act, shall be determined by taking into account the factors of sentencing as stated in the arguments of this case, such as the circumstances after the crime.

The favorable circumstances: The defendant recognized his mistake and divided, and the crime and judgment of this case are committed.