(영문) 수원지방법원 성남지원 2018.01.17 2016고단4020

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(영문) 수원지방법원 성남지원 2018.01.17 2016고단4020

권리행사방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On May 29, 2013, the Defendant borrowed KRW 30,700,00 from the Hyundai Fashion Co., Ltd. to purchase the said car, and decided to pay KRW 932,563 per month for 36 months, and decided to set up a mortgage on KRW 15,350,000 with respect to the said car, the Defendant interfered with the Defendant’s exercise of rights by transferring the said car to the Defendant’s house located in Sungnam-gu Seoul Special Metropolitan City, Sungnam-gu, and under the name of the Defendant’s house as a loan security and concealing the vehicle that became the object of another’s rights.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. C’s statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. The relevant Article of the Criminal Act, Article 323 of the Criminal Act, the grounds for sentencing of the punishment of imprisonment, and the reasons for choosing the punishment;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall not interfere with the exercise of the right, the basic area (from June to one year) (the person who is subject to special sentencing];

2. Determination of sentence [Opinion of Prosecutor] 10 months of imprisonment with prison labor / [Judgment] 6 months of imprisonment with prison labor / the fact that the whereabouts of the defendant could not be known after the suspension of the instant trial due to the notification of the date of telephone communications with the knowledge of the progress of the instant trial due to the first six months of imprisonment with prison labor after the suspension of the receipt of the instant trial without his/her presence, and the fact that no damage was paid to him/her, and the defendant's age, sexual behavior, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., shall be

참조조문

-형법 제51조

-형법 제323조

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