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(영문) 대전지방법원 천안지원 2016.08.05 2015고단2162
권리행사방해
Text

The punishment of the accused shall be five months by imprisonment.

Reasons

Punishment of the crime

around January 16, 2014, the Defendant purchased 12-h 3 main Mad A6 vehicle in the early market of the Seocho-gu Seoul Metropolitan Government as the distribution of Seocho-gu, Seoul, and borrowed 62 million won from the victim Non-Nenc Capital Co., Ltd. for the purchase price of the said vehicle and offered a mortgage on the said vehicle as security around January 22, 2014, but did not pay installments from January 2015.

3. 16. On the other hand, it was required to pay in full the remaining installments or deliver a vehicle as a result of the loss of the benefit of time;

Nevertheless, at the beginning of January 2015, the Defendant interfered with the victim's exercise of rights by arbitrarily concealing a passenger car owned by the Defendant, which was the object of the victim's rights, to make it impossible to enforce compulsory execution by concealing the location of the car.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The loan review table, agreement on installment financing and erroneous discussion, details of deposit, and notice of loss of time limit for repayment;

1. Application of Acts and subordinate statutes to a report on investigation (such as refusal to return a telephone or a suspect's vehicle to the complainant and communication with C), etc.;

1. The relevant Article of the Criminal Act, Article 323 of the Criminal Act, the grounds for sentencing of the punishment of imprisonment, and the reasons for choosing the punishment;

1. Type 1 (Interference with the Exercise of Rights) (Decision on the Place of Recommendation), the basic area of application of the sentencing guidelines [the scope of punishment] from June to one year [the grounds for suspension of execution] - There is no effort to recover damage - positive social relationship clear that there is no effort to recover damage.

2. The types and degree of the crime of this case, the form and degree of the crime of this case, damage, etc. which have not been completely recovered until now, and the defendant's effort to recover is not visible, the victim company's intent to punish the defendant, the criminal punishment records of the defendant (not in the same record, but in the same record), the defendant recognized the crime, and other matters revealed at the trial of this case, such as the defendant's age, sexual behavior

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