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(영문) 창원지방법원 통영지원 2021.01.20 2019고단452
권리행사방해
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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

On July 12, 2016, the Defendant applied for a security loan of KRW 20 million by phone call to the victim B, and decided to repay KRW 564,269 on the first day of each month between 60 months and 20 million on the same day. On the same day, the Defendant created a mortgage of KRW 20 million on the vehicles owned by the Defendant CM7.

Nevertheless, on May 2018, the Defendant: (a) borrowed money from a person with no name in the name of the deceased on the date on which May 2018; and (b) made it impossible to identify the location of the said vehicle for the purpose of security; and (c) concealed the vehicle, which became the object of the victim’s rights, thereby hindering

Summary of Evidence

1. Written statements of the defendant in court;

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

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

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

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. The scope of recommended punishment according to the sentencing guidelines [the scope of punishment [the types of decisions] that interfere with the exercise of the right, etc. [the category 1] and no person who interferes with the exercise of the right [the scope of recommended punishment] [the scope of punishment and recommendation], the basic area of recommendation and recommendation], six months through one year.

3. Determination of sentence: A sentence shall be determined as ordered by the court, comprehensively taking into account the following factors: The first offender is the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.;

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