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(영문) 광주지방법원 2016.05.25 2016고단119
권리행사방해
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around May 17, 2012, purchased DNA car at the office of the Co., Ltd. located in Seo-gu, Gwangju, Seo-gu, 101-112, stated the written indictment of KRW 1,400,090 per month from the victim Aju Capital Co., Ltd., but according to the following evidence, the Defendant appears to have written indictment of KRW 1,40,090 per month.

On the condition of paying for 30 months each, 30 million won was loaned and the right to collateral security was established for the said passenger car with the above victim as creditor, defendant as debtor, and 21 million won.

On December 2, 2014, the Defendant borrowed KRW 5 million from a trading business entity of a secondhand vehicle in the name in Seo-gu, Seo-gu, Gwangju, and provided the said vehicle as security to a secondhand buyer, thereby making it difficult to find the location of the said vehicle.

Accordingly, the defendant interfered with the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written complaint of the victim capital company;

1. He/she shall apply a loan statement, each protocol of impossibility to deliver each motor vehicle, and statutes of the original register of motor vehicle registration;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences by law: Imprisonment for not more than five years;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall not interfere with the exercise of the right, the basic area (from June to one year) (the person who is subject to special sentencing].

3. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account the following circumstances, such as the defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and circumstances constituting the conditions of sentencing as shown in the records.

A favorable circumstances: The defendant is led to confession, and is against himself.

The defendant shall make up for 16 minutes to the victim capital stock company.

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