(영문) 수원지방법원 2018.05.15 2017고단5617

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(영문) 수원지방법원 2018.05.15 2017고단5617

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 15, 2013, the Defendant: (a) purchased a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

However, on May 2014, the Defendant borrowed KRW 5 million from a person who borrowed a name-free loan business from a person who borrowed a 5 million loan from a non-name-free lender, and prevented the Defendant from finding the said car by transferring the above van to the security.

Accordingly, the defendant concealed the above van which was the object of the victim's mortgage, thereby hindering the victim's exercise of mortgage.

Summary of Evidence

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

1. C’s statement;

1. Complaint;

1. Application of Acts and subordinate statutes of the Motor Vehicle Loan Agreement, notification of transfer of claims and acceptance of entrustment, and the Motor Vehicle Registration Register;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing guidelines [the types of crimes] interference with the exercise of rights, interference with the exercise of rights (the scope of recommended punishment] and no basic area (the scope of recommended punishment], six months to one year;

2. According to the sentence decisions, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of crime, and circumstances after the crime, shall be determined as ordered by the sentence.

The favorable circumstances: The amount of damage is not substantial and the damage is not recovered under the circumstances unfavorable to the person having no previous record of the same kind:

참조조문

-형법 제62조 제1항

-형법 제323조

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