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(영문) 수원지방법원 평택지원 2018.05.10 2017고단2265

권리행사방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 18, 2013, the Defendant obtained a loan of KRW 26,90,00 from the Hyundai Capital Co., Ltd., Ltd., which is located in the Seoul Metropolitan City as the intention of Yeongdeungpo-gu, and provided as security to the Defendant, set up a mortgage on the said car under the name of the said Hyundai Capital Co., Ltd., by providing the said car as security. On December 2, 2014, the Defendant delivered the said car to the bearer Co., Ltd., who was mortgaged by the said Hyundai Capital Co., Ltd., and the Defendant could not grasp the location of the said car to the victim who was mortgaged by the said Hyundai Capital Co., Ltd., Ltd., on the first day on which the said car was transferred.

Accordingly, the Defendant concealed the goods of the Defendant, which was the object of the above victim’s right, and obstructed the victim’s exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes concerning vehicle loans, and of investigative reporting;

1. Article 323 of the Criminal Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Criteria for sentencing: Imprisonment with prison labor for a period of six months to one year (the scope of recommended punishment) and the basic area (six months to one year) (the period from six months to one year) of the exercise of rights;

2. Determination of sentencing below the sentence, taking into account the following circumstances, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the sentence identical to the order shall be determined.

- The nature of the crime of this case is not easy, but does not properly recover from damage. - However, there is no record that the defendant has been punished for the same kind of crime. - The defendant is against his mistake.