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(영문) 수원지방법원 성남지원 2017.07.19 2017고단194
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

The defendant is the representative of C Co., Ltd. and the victim D is a bus driver employed by the above company.

From October 26, 2015, the victim registered the bus in the name of the company and operated the bus under the condition that the injured party bears the automobile repair cost, oil cost, insurance premium and installment of the bus from around October 26, 2015.

The defendant from July 31, 2016 to the same year.

8.1. On the road in front of the seed and seedling public parking lot in Jongno-gu Seoul Jongno-gu, Jongno-gu, the injured party left the front registration number plate of the above bus parked in the above seed and seedling public parking lot on the ground that the vehicle installments is not paid properly, thereby hindering the injured party from exercising his right to the above bus by arbitrarily taking the registration number plate of the above bus without the consent of the injured party.

On the 3th day of the same month, the Defendant continued to drive the above bus parkedd by the victim to G parking lot located in F of the same Si, which is located in F of the same Si, without the consent of the injured party, and continued to operate the above bus in the same city without the consent of the injured party, thereby hindering the injured party from exercising his right to the above bus.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (in addition to the criminal facts D as the complainant);

1. Application of the Acts and subordinate statutes to a criminal investigation report (the submission of suspect A materials and matters to be investigated);

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

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Prosecutor’s opinion - Fines of five million won

2. Determination of sentence - Determination of sentence - Imposition of a fine of three million won or more, but there are circumstances to take into account the situation in which the bus was brought, the defendant appears not to have committed any further crime as scheduled to adjust the company, and other matters concerning the defendant's age, sex, environment, and crime.

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