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(영문) 전주지방법원 2019.01.10 2018고단569
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 19, 2014, the Defendant purchased B SP car in its name from the French land and borrowed KRW 28.9 million from the victim C Co., Ltd. in its name. On the following day, the Defendant completed the registration of establishment of a mortgage for the said car with the secured debt amount of KRW 28.9 million and the mortgagee as the victim, and delayed the loan since October 15, 2014.

Since October 2014, the Defendant transferred the said vehicle to a person who was not the deceased in his name at the lower court in order to prevent the Defendant from becoming aware of the location of the vehicle, thereby hindering the Defendant from exercising his rights by concealing the vehicle which was the object of the mortgage by the victim.

Summary of Evidence

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

1. Application of the written complaint or the register of automobiles statutes;

1. Article 323 of the Criminal Act applicable to the crime;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of the recommended sentence according to the sentencing guidelines (a decision of a type) of obstruction of another’s exercise of rights, etc.: No one (a person with a special punishment) (a person with a special punishment) (a person with a special punishment) (the scope of a sentence of recommendation) shall be six months to one year

2. It is reasonable that there are some favorable circumstances, such as the fact that the Defendant, who made a decision of sentence, recognized all the crimes by an investigative agency, and that there was no particular criminal force prior to the instant crime.

However, in full view of the fact that the amount of damage is considerably significant in 28.9 million won, and the defendant paid the purchase installments of the vehicle for three months, and transferred the vehicle of this case to the designated ‘large-type vehicle' after receiving KRW 10 million. The large-type vehicle is abused as a means of crime or tax evasion, or there is a problem that the traffic accident victims are unable to receive appropriate compensation, etc., and the social harm caused by the occurrence of the occurrence of the traffic accident, such as the occurrence of the occurrence of the serious social harm, the defendant is not liable for the crime, and the defendant is punished by imprisonment.

The above circumstances and the defendant's age, character and conduct.

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