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(영문) 청주지방법원 충주지원 2016.11.18 2016고단554
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

On April 28, 2015, the Defendant borrowed 14 million won from the “JBk Capital Capital” corporation to use the vehicle purchase price in order to purchase the vehicle, and even if the Defendant ordered the said company to establish a collateral security with the amount of KRW 7 million against the said company, on June 16, 2015, borrowed 200,000 won from the “E” Hall located in the district during the large exhibition, and concealed the said vehicle as security without the consent of the victimized company, thereby hindering the Defendant’s exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint (including attached materials);

1. Investigation reports (report on telephone conversations per party), investigation reports (report on telephone conversations by an agent of the complainant) and the application of statutes;

1. Relevant Article of the Criminal Act and Article 323 (Selection of Imprisonment)

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [determination of a type] Obstruction of Exercise of Rights, Obstruction of Exercise of Rights, etc., Type 1 (Obstruction of Rights) (No person specially punished] basic area (the scope of decision on the recommended area and the amount of sentence for recommendation], six months to one year;

2. Circumstances unfavorable to the determination of sentence: The crime of this case was committed in light of the fact that the defendant was granted a loan from the victim for the purchase of the motor vehicle of this case and paid 20,000 installments, and that the above motor vehicle was provided as a security to the pawnban, and that the defendant did not have any effort to recover from damage, the defendant's liability is not easy.

The favorable circumstances: The defendant recognizes the crime of this case, and the defendant does not have any criminal records of the same kind or suspension of execution.

In addition, the sentencing conditions as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be comprehensively taken into account as ordered.

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