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(영문) 인천지방법원 2017.03.23 2016고단1547
권리행사방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 9, 2013, the Defendant borrowed 15,200,000 won from the victim Oral Capital Co., Ltd. in the case of the Defendant purchased B-car from the French land on August 9, 2013, and set up the victim's right as the party who was the party who was the party who was the party who was the party who was the party.

On March 17, 2015, the defendant, among the non-payment of the above borrowed money, was found to have obstructed the victim's exercise of rights by concealing the said car so that the employees of the victim company who received a decision of voluntary auction by the Incheon District Court around March 17, 2015 can cooperate in the execution of the delivery of the automobile.

Summary of Evidence

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

1. Statement made by the police against D;

1. The decision of the Incheon District Court, an agreement on Saturdays, a contract on the establishment of a right to collateral security (construction machinery) for automobiles, and the application of statutes;

1. Relevant legal provisions for criminal facts, Article 323 of the Criminal Act for the choice of punishment, reasons for sentencing of imprisonment [the scope of recommendation] [the grounds for the exercise of the right] of the basic area (6 months to 1 year) [the person subject to special sentencing] is not agreed upon with the victim [the decision of sentence]. There are several previous criminal records, the fact that the crime was committed during the period of probation, the fact that the person is currently under flight, the amount of establishment of collateral security right, motive and background of the crime, the character and conduct of the defendant, the environment of the defendant, etc.

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