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(영문) 수원지방법원 2017.09.07 2017고정1677

권리행사방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 8, 2016, the Defendant requested the victim D to repair the automobile of the Defendant EI 40 to repair the said automobile at the C Vehicle Maintenance Station located in Suwon-si, Suwon-si, and then consulted with the victim on November 21, 2016.

Accordingly, on November 24, 2016, the victim completed the repair of the above passenger car, thereby acquiring the defendant's claim of KRW 3,072,300 for the above passenger car repair cost, and the defendant has the right to continuously occupy the above passenger car until receiving the repair cost from the defendant.

On December 15, 2016, at around 22:20 on December 15, 2016, the Defendant driven the said car without the consent of the victim while the victim did not pay the repair cost for the said car at the parking lot of the said C Vehicle Maintenance Station.

Accordingly, the Defendant, as seen above, prevented the victim from exercising his rights by driving the said car which is the object of the victim’s rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. Application of Acts and subordinate statutes governing text messages;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;