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(영문) 광주지방법원 2020.08.27 2020고단2722
권리행사방해
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2013, the Defendant: (a) purchased one set of passenger car in CB, and (b) borrowed KRW 18,900,000 from C Co., Ltd.; and (c) decided to repay the principal and interest for 36 months each month; and (d) set up a mortgage on KRW 18,90,000 on the said car in the name of the injured party as security.

While the Defendant did not pay principal and interest from September 20, 2013, the Defendant: (a) around October 2013, transferred the said car to a name-free person in the vicinity of the Suwon-dong-dong-dong-dong-dong-dong-dong-dong, thereby making it impossible for the Defendant to grasp the location of the car.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the supplement of complaint and statement in D;

1. A copy of an application for the inspection of bond list, examination table, CJ discount rate and a certificate of personal seal impression;

1.The register of motor vehicles (B) investigation report (Contact phone of a witness), investigation report (Contact with the F phone of a witness), investigation report (personal information of a witness G and confirmation of whether a person died); the application of the statute shall apply;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of a type]: Obstruction of another’s exercise of rights, etc. [Class 1] and no obstruction of another’s exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person] and the basic area of recommendation [the scope of recommending a person], six months to one year.

3. The crime of this case, which was determined to be sentenced, is concealed as part of the motor vehicle provided as security by the victim, and thus interferes with the exercise of the rights by the victim, and the nature of the crime is not easy.

However, the defendant's recognition of the crime of this case is against the defendant, and the defendant shall repay the loan to the creditor of the victim through individual rehabilitation procedures.

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