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(영문) 인천지방법원 2018.08.30 2018고정1515
권리행사방해
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the head of the D church road in Seo-gu Incheon, and the head of the management department who actually manages the vehicles owned by the church.

The victim E was employed as a pastor in the office of the D church on October 2015, and was provided with F Kanop vehicle from the D church conference on February 26, 2018. On September 29, 2016, the victim E occupied the F Kanop vehicle by legitimate rights. On September 29, 2016, the general assembly judgment of the D church's general assembly on supervision over the D church with personal misconduct from the D church members became a member of the D church on October 23, 2016.

The defendant, as the director of the finance management department of D church, send to the victim a certificate of content three times for FF vehicles under the name of D church, on the ground that the damaged person received a judgment of attending the general meeting trial committee in which he / she was able to do so.

On February 18, 2018, the injured party requested the return, but decided to recover the above vehicle possessed and operated by the injured party in the D church emergency countermeasure committee.

Defendant did not notify the victim of the above decision, and in addition to the case of the same teacher, Defendant used the above vehicle possessed by the victim at the above church parking lot around 08:27 on February 26, 2018, and obstructed the victim’s exercise of rights against the above vehicle by using the above vehicle, which was owned by the victim at the above church parking lot.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Each police statement made to H and E;

1. Each police statement made to I, G and J;

1. Application of the provisions of relevant Acts and subordinate statutes, such as a copy of on-site photographs, editing photographs of CCTV of the D church, comprehensive details of vehicles, register of motor vehicles, records of trials submitted by victim H, documents of trials, etc. submitted by relevant witness A, and copies of relevant documents, such as churches and E pastors;

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. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order recognize the facts charged.

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