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(영문) 춘천지방법원 2020.10.08 2020고단416
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 22, 2015, the Defendant received a loan of 13,90,000 won from D Co., Ltd. in the office of the Dispute Resolution Co., Ltd. in Seo-gu Incheon, from D Co., Ltd., and provided a mortgage in an amount equivalent to 9,730,000 won of the bond value, which is owned by the Defendant, as the Defendant was unable to repay the above loan installment, thereby obstructing the Defendant’s exercise of rights by concealing the above car at the end of December 2, 2018 when the Defendant acquired the above loan from D Co., Ltd. in order to execute the mortgage by receiving the above loan installment payment.

Summary of Evidence

1. Defendant's legal statement;

1. G의 고소장, 진술서 수사보고(카니발 E 차적조회), 수사보고(자동차등륵원부 등본, 초본 첨부), 수사보고(서울 서초구 주차관리과 상대수사), 수사보고(서초구 견인차량보관소 상대수사) 법령의 적용

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the reasons for sentencing selective to imprisonment;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines: Obstruction of Exercise of Rights, etc. [Type 1] There is no person [the scope of recommendation field and recommendation] interference with exercise of rights (the scope of special punishment] [the scope of recommendation field and recommendation], the basic area of imprisonment with labor for six months to one year [the person who is a general person] [the grounds for suspension of execution] - The general grounds for suspension of execution shall not be recovered from damage

3. Determination of sentence: Six months of imprisonment;

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