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(영문) 서울북부지방법원 2020.10.28 2020고정870
권리행사방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around March 15, 2019, B, the husband of the defendant, provided the victim with the DNA car owned by the defendant, the spouse, as security, with a total of KRW 7.9 million borrowed from the victim C, and the victim has occupied the said car from that time.

After being aware of the above facts, the Defendant came to know of the location of the said car through the said B, and tried to find it in mind by using the key to the said car.

around 23:00 on July 15, 2019, the Defendant had been parked on the street in Gangnam-gu Seoul, Gangnam-gu, Seoul, and had been driving the said car using the key of the said car, thereby interfering with the Defendant’s legitimate exercise of rights to the said car.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on the accused and B;

1. Statement to C by the police;

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

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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