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(영문) 부산지방법원 2017.11.30 2017고단1419
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On December 16, 201, the Defendant was sentenced to four years of imprisonment for special robbery, etc. by the Ulsan District Court, and was released from the smuggling detention house on October 28, 2015 and passed on November 13, 2015.

[2] On December 8, 2015, the Defendant purchased a bond of KRW 15.9% as agreed upon by the Victim Eas Savings Bank at Eas Savings Bank at Eas Savings Bank at Eas Savings Bank at Eascoon-ro 174,000,000,000,000,000 won for the above vehicle on December 11, 2015, and established a mortgage of KRW 23.5 million as bond value on the above vehicle.

On June 2016, the Defendant: (a) borrowed 2 million won from the market for agricultural products in front of the agricultural products wholesale market located in 626, according to the Busan High River, and (b) transferred possession of the said vehicle under the name of security, thereby hindering the victim from exercising his/her rights by concealing his/her goods that became the object of another person’s rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry, etc. into the complaint, loan agreement, motor vehicle registration ledger, and comprehensive status of customers;

1. Records of the judgment: Application of a written reply to inquiries, such as criminal history, (A), investigation report (fact that the period of repeated crime is in progress), judgment text, and the current status of acceptance of each individual;

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

1. Reasons for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] There is no basic area (six months to one year) (the person who has been subject to special sentencing) [decision of sentence] Of the above loans, the defendant paid only three times the principal and interest of the above loans and provided the above vehicle as security to another person, did not make efforts to recover the vehicle, and the present location of the vehicle has not been identified, the crime of this case was committed within the period of repeated crime, the detention of the person who was intentionally committed the crime of this case on the date of declaration, and there was no appearance on the date of declaration, and the fact that the crime was committed against the defendant's age and age.

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