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(영문) 서울북부지방법원 2018.09.13 2017고단4616
권리행사방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal records] On December 19, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Petroleum and Petroleum Substitute Fuel Business Act at the Jeonju District Court, and completed the execution of the sentence in the Jeonju Prison on September 26, 2014.

[2] On January 7, 2016, the Defendant agreed to borrow money from the victim C, etc. with the introduction of the victim B, the victim B, etc., and provided the Defendant with the examination of D status owned by the Defendant as its assistance, and the same month.

8. A person who was transferred money KRW 15 million from the victim’s name to the bank account in the name of the Defendant.

On March 1, 2016, around 00:30, the Defendant operated the said car parked at the F apartment parking lot in the Namyang-si, where the victim resides, and obstructed the exercise of the rights of the victim by using the said car, which is the object of the rights of the victim and the said car.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. Each police statement made with respect to B, C, G, and H;

1. Each report on investigation;

1. Criminal history: Inquiry about criminal history, current status of personal confinement, and application of the text of the judgment;

1. Relevant legal provisions concerning criminal facts, Article 323 of the Criminal Act selective punishment, and the choice of fines;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, is a repeated offense.

However, the defendant is opposed to the defendant's attempt to commit the crime of this case.

Along with the victim, the agreement was reached.

The defendant is the most liable for family's livelihood.

The sentence of punishment for the reason that it is a repeated crime is too harsh to the defendant.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime.

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