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(영문) 의정부지방법원 2018.04.18 2017고단3544
권리행사방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 5, 2014, the Defendant: (a) purchased D AW-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Nevertheless, the Defendant paid only KRW 2,327,611 and did not pay all the remainder of the loan. On early 2016, the Defendant delivered the said car with money to a person whose name is not known in Hari-si, Seocho-si, and the Defendant could not know the location of the said car.

Accordingly, the defendant concealed the defendant's car, which was the object of the right to collateral security of the victim, and obstructed the victim's exercise of rights.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Ledger of complaint, written agreement of installment financing, and original register of automobile registration;

1. Application of Acts and subordinate statutes;

1. Article 323 of the Criminal Act applicable to criminal facts, Article 323 of the Criminal Act of the choice of punishment, reasons for sentencing of imprisonment [the scope of recommended punishment according to the sentencing guidelines of the Supreme Court] The exercise of rights, interference with exercise of rights, etc., type 1 (Obstruction of Exercise of Rights), basic area, 6 months and - 1 year [Pronouncement Decision] has not been restored to the victim's damage. Nevertheless, the defendant has not recovered from the victim's damage. Nevertheless, the defendant shall determine punishment as ordered by taking into account all the factors of sentencing, including the motive and circumstances leading up to the crime, the method and consequence of the crime, the circumstances after the crime was committed,

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