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(영문) 대전지방법원 천안지원 2016.09.30 2016고단886
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On July 16, 2015, the Defendant was sentenced to a suspended sentence of three years in one year and six months, and the judgment became final and conclusive on the 24th of the same month, for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Gwangju District Court.

[2] On December 24, 2014, the Defendant: (a) borrowed KRW 30 million from a non-Korean Capital Co., Ltd. (hereinafter “JB Republic Capital”); (b) purchased one set of D Hyundairobex 55-7 (registration number E); and (c) around January 7, 2015, around January 7, 2015, the Defendant set up a collateral security right equivalent to KRW 18 million in the future for the victim’s possession as a security in relation to the above so far as he/she owns the Defendant.

Nevertheless, on March 2015, the defendant arbitrarily leased the above excavation search machine to the person who was not the party to the name, making it difficult to find the location, and making it impossible to execute the search.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Registers of construction machinery, inquiries into the details of receipt, and reports on the impossibility of delivering a motor vehicle;

1. A complaint;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes to report criminal punishment (report on confirmation of criminal punishment);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. 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] when committing a crime, the fact that there is no record of criminal punishment for the same kind of crime, and the fact that there is no record of criminal punishment for the same kind of crime, and the fact that the crime of violation of the Punishment of Violences, etc. Act (injury to groups, deadly weapons, etc.) in the judgment of the court below is subject to punishment together with the crime of violation of the Act on Punishment of Violences, etc. (the value of collective security)

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