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(영문) 서울동부지방법원 2019.06.20 2018고단2799
권리행사방해
Text

A defendant shall be punished by imprisonment for 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

[Criminal Power] The Defendant is a person who was sentenced to imprisonment with prison labor for four months with prison labor for an injury at the Seoul Eastern District Court on February 8, 2018 and the said judgment became final and conclusive on July 21, 2018.

【Criminal Facts】

Around February 3, 2014, the Defendant purchased a B-N-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P

However, around April 2016, the Defendant borrowed KRW 2 million from a bond company in his name-free name and provided the said car as a security for transfer in the vicinity of the Nowon-gu Nowon-gu Seoul Special Metropolitan City Police Station. The location of the car cannot be known.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the victim company's rights, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement on the supplement of complaint and statement on the preparation of D;

1. Previous convictions in judgment: The application of Acts and subordinate statutes concerning investigation reports (report attached to written judgments);

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. It shall be considered that the reason for sentencing under Article 62(1) of the Criminal Act is not a significant amount of damage due to the suspended sentence, taking into account extenuating circumstances into account: (a) the fact that there is no record of punishment for the same kind of crime; (b) the fact that the principal is repaid out of the loan; and (c) the fact that a judgment could have been rendered simultaneously with the crime that

In addition, the sentencing conditions specified in pleadings, such as the defendant's age, character and conduct, motive, means and result of the crime, shall be determined as ordered in consideration of the circumstances after the crime.

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