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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant acquired “D” and operated “E” and requested the competent authorities to stop the operation of Fchip vehicle, which is owned by “E”, in order to identify the location of the Fchip vehicle, and confirmed the location of the vehicle, and operated the said vehicle through the investigation process, using a auxiliary key around July 15, 2016, with knowledge that the said vehicle was kept as security by the victim G and the victim was returned to the victim and possessed by the victim.

As a result, the defendant took the above-mentioned vehicle possessed by the victim, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Each police statement to J or K;

1. Inspection of the motor vehicle registration ledger (A);

1. One separate right (the defendant and his defense counsel operated the instant vehicle as a so-called "sponsing vehicle", and thus, it is not a person who occupies the vehicle with legitimate title. The defendant was issued an order to suspend operation of the instant vehicle after the issuance of the order to stop operation, and operated the vehicle after contact with the administrative office known as the location of the vehicle. Thus, the defendant did not have any intention to obstruct another person's exercise of rights.

The argument is asserted.

The possession of another person subject to protection in the obstruction of the exercise of rights does not necessarily mean possession based on the right to possess. On the other hand, it is temporary until the settlement of dispute through the legal procedure, such as possession where possession was commenced based on legitimate title but the possession was lost later, possession until the existence of the right is clarified through the legal procedure, possession based on the right, and possession that can be set up by simultaneous performance defense, etc., even though the existence of the right is not clear.