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(영문) 부산지방법원 2018.05.03 2017고단3875
권리행사방해
Text

A defendant shall be punished by imprisonment for four 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 April 10, 2015, the Defendant borrowed KRW 23,800,000 from the Vienna Co., Ltd., Ltd., 1 and 6th floor of the Busan Jinna-gu, Busan, and offered CCoin owned by the Defendant as security on April 16, 2015.

The Defendant paid KRW 5,488,515 to the principal of the loan and did not repay KRW 18,311,485 to the Defendant, on January 2017, 2017, the Defendant opened the said passenger car without any justifiable reason to D, who was not aware of the telephone number from the Kimhae-si.

Accordingly, the defendant, who was the object of the victim's right, concealed the passenger car owned by the defendant and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Police statements concerning E;

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

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense. Article 323 (Selection of Imprisonment)

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] Suspension of Exercise of Right (Obstruction of Exercise of Right) / [1-8 months] Suspension of Punishment (including special mitigation / her efforts to recover damage)] revocation of a complaint by an injured party who has received the recent transfer from the Defendant to the Defendant. The details, means and methods of the instant crime, the circumstances after the instant crime, the Defendants’ age, sexual behavior, environment, etc., and the various circumstances constituting the conditions for sentencing under Article 51 of the Criminal Act, including the records and arguments of this case, shall be determined as ordered in full view of the following circumstances.

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