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(영문) 청주지방법원 2016.11.29 2016고단1358
권리행사방해
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 27, 2015, the Defendant borrowed 20 million won from the injured party to purchase the 20,000 won of the 20,000 won of the 20,000 won of the 14,000 won of the claim amount from the 20,000 won of the 14,000 won of the 20,000 won of the 14,000 won of the 20,000 won of the 744,

Nevertheless, as the defendant needs living expenses around May 2015, the defendant sold the above difference without the victim's consent.

Accordingly, the defendant concealed the object of the mortgage, which is the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of the written complaint, written agreement of installment financing, and the register of automobiles Acts and subordinate statutes;

1. Article 323 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] where a person intentionally commits an incomplete crime in the mitigated area of mitigation (one to eight months) (special mitigation) (one to one month), the crime is not good in that a person disposes of a vehicle without paying an installment at one time.

However, considering the fact that the defendant repents wrong, the developments leading up to purchasing the vehicle and the claims value of the mortgage, and other factors such as the defendant's age, character and conduct, environment, motive for the crime, circumstances after the crime, etc., the punishment as ordered within the scope of the recommended sentencing criteria shall be determined.

It is so decided as per Disposition for the above reasons.

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