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(영문) 광주지방법원 2017.05.18 2016고단1399
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

[Majority Relationship] On May 28, 2015, the Defendant was sentenced to two years of suspension of execution on June 5, 2015 by imprisonment with prison labor for obstructing the exercise of rights by the Gwangju District Court, and the said judgment became final and conclusive on June 5, 2015.

[2] Around October 30, 2012, the Defendant obtained a loan of KRW 60 million from the victim Aju Capital Co., Ltd., and established a mortgage on the amount of KRW 60 million in the value of the Defendant’s claim in the name of the victim as a security for the debt of the loan. On December 26, 2012, the Defendant received a loan of KRW 57 million from the damaged party, and the Defendant established a mortgage on the amount of KRW 57 million in the value of the Defendant’s claim in the future on the E mining season owned by the Defendant as security for the debt of the loan. However, on December 2, 2013, the Defendant obstructed the victim’s exercise of the right by concealing D mining machines and E mining machines at a place where his/her address is unknown.

Summary of Evidence

1. Statement of the defendant in the first trial record;

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

1. A detailed statement of each loan, and a written application to fluorize each contract;

1. Registers of construction machinery (E, D);

1. Previous relationship: A reply to inquiry, such as criminal history, a written investigation report (report on the date of confirmation), and summary information of consolidated cases attached thereto, and the application of each statute of the judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the following circumstances; (b) the Defendant’s age, sex, environment, family relationship; (c) the motive and consequence of the crime; and (d) the circumstances of sentencing as shown in the instant pleadings.

Unfavorable circumstances: Impacters were concealed in the situation where many debts have been borne by victims.

The crime of this case is committed.

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