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(영문) 부산지방법원 2018.02.22 2017고단5500
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

[Criminal Records] On November 1, 2012, the Defendant was sentenced to a suspended sentence of two years for ten months of imprisonment with prison labor for special larceny, etc. at the Ulsan District Court.

9. The above judgment became final and conclusive.

[2] On April 12, 2012, the Defendant obtained a loan of KRW 22,00,000 in an equal repayment method of principal and interest paid in KRW 524,778 on the fiveth day of each month, and established a mortgage on the said vehicle on April 13, 2012 with the victim as a mortgagee on the said vehicle at the point of Taegu Daegu Daegu, Daegu, Daegu, as well as at the point of Taegu, Daegu, Daegu, in order to purchase CK5 automobiles.

At around that time, the defendant interfered with the victim's exercise of rights by arbitrarily disposing of and concealing the above passenger car which was the object of the mortgage against the handicapped in front of the E in Busan Jin-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Complaint;

1. An application form for a motor vehicle of modern capital;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to the judgement);

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

2. After the latter part of Article 37 of the Criminal Procedure Act: Provided, That the Defendant, on the grounds of sentencing under Article 39(1) of the same Act, shall be sentenced to a punishment on the Defendant, taking into account the following: (a) the Defendant, under his/her name, obtained a loan by means of a vehicle security under the victim’s name; and (b) the time of receipt of the loan and the fact

However, the crime of this case is in the concurrent relationship between the previous conviction of the judgment and the latter part of Article 37 of the Criminal Act, and the remaining principal amount of the loan of this case is only the cause of this million won, due consideration shall be given to the determination of the punishment.

In addition to the above circumstances, the following circumstances are comprehensively taken into account the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., and all the sentencing conditions that were revealed in the process of the crime.

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