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(영문) 전주지방법원 군산지원 2017.08.23 2016고단1391
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

On May 12, 2015, the Defendant purchased Crocketing car from the mutual influent trading company located in Daejeon on May 12, 2015, and agreed to receive KRW 10 million from the victim Matts Co., Ltd. to pay it in installments for 36 months. On May 15, 2015, the Defendant established a right to collateral security of KRW 10 million in the value of the bonds offered as security to the Defendant’s owner of the said car and provided as the victim as the right holder of the right to collateral. However, on September 20, 2015, the Defendant transferred the said car to the victim of the said car without the victim’s consent at a non-disfluent place, thereby making it illegible the location of the said car.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the victim's rights, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A E statement (a complainant's agent);

1. Application of Acts and subordinate statutes of the erroneous debate, agreement on motor vehicle registration, and the ledger of motor vehicle registration;

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

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

3. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] There is no basic area (six months to one year) [the person subject to special sentencing] [the decision of sentence] below, and other sentencing conditions such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstance after the crime, crime records, etc. shall be determined as ordered by taking into account the following circumstances and other factors such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime.

The favorable circumstances: Recognizing the crime of this case, it is against the law.

From the time of purchase of a vehicle, it is not visible that the crime was planned in advance.

There is no record of punishment for the same type of crime.

It seems that no damage has been recovered and no effort has been made to recover damage.

No effort was made to faithfully participate in the trial.

There have been several experiences of punishment for this type of crime.

Other circumstances: damage.

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