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(영문) 수원지방법원 2018.06.29 2018고단1967
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 24, 2017, the Defendant driven the C QM6 car, the market price of which is approximately KRW 25 million owned by the Defendant, which the Defendant provided as security, at around September 26, 2017, from the second floor parking lot of the “Treatment Future Love,” located in the Suwon-si, Suwon-si, 230 Doz. 38, Doz., and around September 26, 2017, the Defendant used approximately KRW 11 million from the victim B to drive the vehicle without the consent of the damaged party.

Accordingly, the defendant taken the goods of the defendant who is the object of the victim's right and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes to a standard agreement on loan transaction, establishment of collateral security, and use lending and borrowing contract, certificate of vehicle storage, certificate of bond transfer, letter of vehicle transfer agreement, certificate of vehicle transfer, power of attorney, certificate of seal imprint, and certificate of personal signature confirmation;

1. According to the relevant legal provisions of the criminal facts, Article 323 of the Criminal Act regarding the selection of the sentence, the reasons for sentencing of the sentence of imprisonment, the sentencing of the defendant's age, sexual conduct, family relationship, home environment, motive and means of the crime, circumstances after the crime, previous conviction relation, etc., the sentencing guidelines to be recommended shall be determined by taking full account of the following factors: (a) the scope of the recommended sentencing guidelines (in addition, the crime of interference with the exercise of rights, the type 1 (Interference with the exercise of rights), the basic area (from 6 months to 1 year)).

The favorable circumstances: The circumstances that there is no record of punishment for the same crime: The amount of the debt secured by the instant vehicle is not so much, but there is no agreement with the victim, and the crime is committed during the period of suspension of execution.

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